- Boe Technology Group Co., Ltd. v. Optronic Sciences LLCAdverse judgmentPTAB · Jan 12, 2026 · IPR2024-01134 · APJ Thu A Dang · IPR · Adverse judgment
The Board denied Patent Owner’s termination request and granted adverse judgment after it disclaimed the entire patent, leaving no claims in the trial.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. “Actions construed to be a request for adverse judgment include: . . . [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). “The application of the [adverse judgment] rule on its face does not turn on the patentee’s characterization of its own request.” Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1349 (Fed. Cir. 2018). In this case, Patent Owner’s disclaimer of the entire term of the ’733 patent leaves no claims remaining in the trial. Although Patent Owner argues that entry of adverse judgment “has negative effects that would discourage Patent Owner from making efforts to streamline the issues” (PO Sur-reply 1–2), we deem such argument not a persuasive reason as to why we should not apply § 42.73(b)(2), or why termination is more appropriate. Therefore, pursuant to 37 C.F.R. § 42.73(b)(2), we construe Patent Owner’s disclaimer as a request for adverse judgment, which we grant.” slip op. at 3
NonePatents in suitUS 9,406,733 - Boe Technology Group Co., Ltd. v. Optronic Sciences LLCAdverse judgmentPTAB · Jan 12, 2026 · IPR2024-01315 · APJ Kevin W Cherry · IPR · Adverse judgment
The Board denied Patent Owner’s termination request and entered adverse judgment after Patent Owner disclaimed all challenged claims, leaving no claims in the trial.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. “Actions construed to be a request for adverse judgment include: . . . [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). “The application of the [adverse judgment] rule on its face does not turn on the patentee’s characterization of its own request.” Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1349 (Fed. Cir. 2018). In this case, Patent Owner’s disclaimer of claims 1 and 3 of the ’477 patent leaves no claims remaining in the trial. Although Patent Owner argues that entry of adverse judgment “has negative effects that would discourage Patent Owner from making efforts to streamline the issues” (PO Sur-reply 1–2), we deem such argument not a persuasive reason as to why we should not apply § 42.73(b)(2), or why termination is more appropriate. Therefore, pursuant to 37 C.F.R. § 42.73(b)(2), we construe Patent Owner’s disclaimer as a request for adverse judgment, which we grant.” slip op. at 3
NonePatents in suitUS 8,158,477 - PTAB · Oct 15, 2025 · PGR2025-00002 · APJ Frederick C Laney · PGR · Adverse judgment
After Patent Owner disclaimed claims 1–78, the Board granted its motion for adverse judgment and terminated the post-grant review.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under 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”). Thus, actions construed to be a request for adverse judgment include cancellation of patent claims such that a party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Because Patent Owner has disclaimed all challenged claims such that no claims remain in the trial, we grant Patent Owner’s Motion to Terminate by Adverse Judgment.” slip op. at 2
NonePatents in suitUS 12,134,952 - Lumi Legend Corporation v. Manehu Product Alliance, LLCAdverse judgmentPTAB · Feb 28, 2025 · PGR2024-00014 · APJ Barry L Grossman · PGR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment against itself and held claims 33–36 unpatentable.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“October 25, 2024, from counsel for Patent Owner, Patent Owner requested authorization to file “a request for adverse judgment against itself under 37 C.F.R. § 42.73(b).” Ex. 3003 (emphases added). Our Rule 42.73(b) states “A party may request judgment against itself at any time during a proceeding.” The Board granted Patent Owner’s request. Ex. 3003. Patent Owner then filed its “Request for Adverse Judgment Pursuant to 37 C.F.R. § 42.73(b).” Paper 11 (Request for Adverse Judgment). This Request, however, stated, in error, that Patent Owner requested “adverse judgment against Petitioner on claims 33-36, pursuant to 37 C.F.R. § 42.73(b)(4).” Id. (emphases added). Our Rule 42.73(b)(4) concerns “[a]ctions construed to be a request for adverse judgment.” 37 C.F.R. § 42.73(b)(4) (emphasis added). Subsection (b)(4) states one of the actions construed to be a request for adverse judgment is “[a]bandonment of the contest.” Id. The actions construed to be a request for adverse judgment, however, are never reached when a party states unequivocally that it requests “judgment against itself.” that the Request for Adverse Judgement is seeking adverse judgment against itself, not Petitioner. Id. As stated in the title of Patent Owner’s Request for Adverse Judgment, we consider this request under our Rule 42.73(b). As corrected, the Request seeks a “final adverse judgment against [Patent Owner] on claims 33-36,” which are all the challenged claims. Thus, claims 33–36 are held to be unpatentable. 1” slip op. at 2
NonePatents in suitUS 11,781,703 - Arthrex, Inc. v. Bonutti Skeletal Innovations, LLCAdverse judgmentPTAB · May 6, 2014 · IPR2013-00632 · APJ Mitchell G Weatherly · IPR · Adverse judgment
The Board entered adverse judgment against Bonutti for claims 1–31 after the patent owner disclaimed all challenged claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“II. DISCUSSION Under 35 U.S.C. § 42.73(b), “a party may request judgment against itself at any time during a proceeding.” We interpret Bonutti’s cancellation of claims such that it has no remaining claim in the trial to be a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). Accordingly, we determine that Bonutti’s disclaimer of claims 1-31 of the ’514 patent meets the conditions for termination of this review and entry of judgment against Bonutti.” slip op. at 2
NonePatents in suitUS 8,147,514 - Arthrex, Inc. v. Bonutti Skeletal Innovations, LLCAdverse judgmentPTAB · Apr 30, 2014 · IPR2013-00631 · APJ Mitchell G Weatherly · IPR · Adverse judgment
The Board entered adverse judgment against Bonutti after it disclaimed all challenged claims: 64, 65, 67, 69, 70, 72–76, 80, 82, and 83.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“II. DISCUSSION Under 35 U.S.C. § 42.73(b), “[a] party may request judgment against itself at any time during a proceeding.” We interpret Bonutti’s cancellation of claims such that it has no remaining claim in the trial to be a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). Accordingly, we determine that Bonutti’s disclaimer of claims 64, 65, 67, 69, 70, 72–76, 80, 82, and 83 of the ’986 patent meets the conditions for termination of this review and entry of judgment against Bonutti.” slip op. at 2
NonePatents in suitUS 5,921,986 - Superior Communications, Inc. v. Speculative Product Design, LLCAdverse judgmentPTAB · Apr 24, 2014 · IPR2014-00146 · APJ Lora M Green · IPR · Adverse judgment
The Board entered adverse judgment against Superior Communications, Inc. and terminated the proceeding before institution.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Petitioner’s request to terminate the proceeding under 37 C.F.R. § 42.73(b)(4) is treated as a statement that it is abandoning the contest, and is thus requesting adverse judgment against itself. 1 This case is in the preliminary proceeding2 stage; no institution of a trial has been made. Based on the facts of this case, it is appropriate to enter judgment, and the proceeding is terminated.3” slip op. at 2
NonePatents in suitUS 8,204,561
Holdings, summaries, rulings, issues, outcomes, winners and claim constructions shown for a decision were generated by a large language model reading the opinion. They are a guide to the decision, not the decision. Confirm every one against the court's own text before relying on it. Outcomes read from the patent owner’s side. Party names are extracted from the decision and are missing on about 900 short Director denials and scans, which carry the trial number instead.