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  • PTAB · May 13, 2026 · IPR2025-01444 · APJ George R Hoskins · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment after it disclaimed the entire patent term, entering judgment against claims 1–6.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “A party may request entry of adverse judgment against itself at any time during an inter partes review proceeding. See 37 C.F.R. § 42.73(b). In addition, “[a]ctions construed to be a request for adverse judgment include: (1) Disclaimer of the involved application or patent; [and] (2) Cancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Id. Because Patent Owner has explicitly requested adverse judgment against itself pursuant to Rule 42.73(b), and has disclaimed the entire term of the ’584 patent, Patent Owner’s request for adverse judgment is granted. ORDER In consideration of the foregoing, it is hereby: ORDERED that Patent Owner’s Request for Adverse Judgment is granted; and FURTHER ORDERED that adverse judgment is entered against Patent Owner with respect to claims 1–6 of the ’584 patent.” slip op. at 3

    None
    Patents in suitUS 7,547,584
  • PTAB · Mar 25, 2026 · IPR2025-00618 · APJ Nabeel U Khan · IPR · Adverse judgment

    After Patent Owner disclaimed all challenged claims, the Board entered adverse judgment against Patent Owner under 37 C.F.R. § 42.73(b)(2).

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentOther

      “Our rules state that “disclaimer of a claim such that a party has no remaining claim in the trial” is “construed to be a request for adverse judgment.” 37 C.F.R. § 42.73(b). Because Patent Owner has disclaimed all challenged claims and no claims remain in this proceeding, adverse judgment is appropriate. We, therefore, enter judgment adverse to the Patent Owner.” slip op. at 2

    None
    Patents in suitUS 11,695,823
  • PTAB · May 21, 2025 · IPR2024-00956 · APJ Brian P Murphy · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment after it disclaimed claims 1–12, entering judgment against Patent Owner on those claims.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “§ 1.321(a) disclaiming all of the claims at issue in this proceeding, namely, claims 1–12 of the ’574 Patent. Ex. 2002; see also Paper 14, 2 (citing 37 C.F.R. § 1.321(a)). On May 16, 2025, Patent Owner filed a Request For Adverse Judgment stating that Patent Owner “requests judgment against itself under 37 C.F.R. § 42.73(b)(2), with respect to claims 1-12” of the ’574 patent. Paper 14, 2. Such a “disclaimer is binding upon the grantee and its successors or assigns.” 37 C.F.R. § 1.321(a). Pursuant to our rules, “[a] party may request judgment against itself at any time during a proceeding,” which includes “[c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” 37 C.F.R. § 42.73(b)(2). See Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1350 (Fed. Cir. 2018) (“there is no claim remaining for trial . . . when, as here, all of the challenged claims have been cancelled”). For the reasons given above, we grant Patent Owner’s Request for Adverse Judgment pursuant to 37 C.F.R. § 42.73(b)(2). ORDER In consideration of the foregoing, it is hereby: ORDERED that Patent Owner’s Request for Adverse Judgment pursuant to 37 C.F.R. § 42.73(b)(2) is granted; and FURTHER ORDERED that adverse judgment is entered against Patent Owner with respect to claims 1–12 of the ’574 patent.” slip op. at 2

    None
    Patents in suitUS 8,355,574

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