- Luxottica Of America, Inc. v. E-Vision Smart Optics, Inc.Adverse judgmentPTAB · Jun 29, 2026 · IPR2025-01512 · APJ Arthur M Peslak · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment, cancelled claims 1–27, and terminated the proceeding.
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). Under these circumstances, entry of judgment adverse to the Patent Owner is appropriate as to claims 1–27 of the ’612 patent. Consequently, we grant Patent Owner's request for adverse judgment.” slip op. at 2
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
NonePatents in suitUS 11,971,612 - Meta Platforms, Inc. v. Mullen Industries LLCAdverse judgmentPTAB · Dec 19, 2025 · IPR2025-00703 · APJ Ken B Barrett · IPR · Adverse judgment
The Board denied Patent Owner’s motions to dismiss and entered adverse judgment against it on claims 1, 2, 11, and 13 of the challenged patent after their disclaimer.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“provide that “[a] party may request judgment against itself at any time during a proceeding,” and “[a]ctions 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, after the institution decisions, disclaimed the challenged claims such that there are no remaining claims in the trials. Patent Owner presents no persuasive reasons why we should not apply Rule 42.73 or why termination or dismissal is more appropriate. Under the IPR2025-00745 (Patent 9,662,582 B2) IPR2025-00746 (Patent 10,974,151 B2) circumstances of these cases, we construe the filing of disclaimers as requests for adverse judgment.” slip op. at 6
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Denied
“In the Motions, Patent Owner, relying on Sanofi-Aventis U.S., LLC v. Dr. Reddy’s Lab’ys, Inc., argues that, “[b]ecause all claims at issue have been disclaimed, any case or controversy over the claims is moot,” and, “[a]ccordingly, the IPR[s] should be dismissed.” Mot. 2 (citing Sanofi- Aventis U.S., LLC v. Dr. Reddy’s Lab’ys, Inc., 933 F.3d 1367, 1373 (Fed. Cir. 2019)). Sonofi-Aventis pertains to the requirement under Article III of the Constitution that there exist a case or controversy to be adjudicated by a district court. See Sanofi-Aventis, 933 F.3d at 1372–73. The Board is not a district court or any other Article III court, and Patent Owner has not shown persuasively that Sanofi-Aventis supports its argument that dismissal, as opposed to adverse judgement, is appropriate.” slip op. at 3
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“above-captioned cases requesting inter partes review of certain claims (“the challenged claims”) of the subject U.S. Patents. See, e.g., IPR2025-00702, Paper 1. Mullen Industries LLC (“Patent Owner”) filed Preliminary Responses to the Petitions. See, e.g., IPR2025-00702, Paper 10. Because we determined that Petitioner had demonstrated a reasonable likelihood that it would prevail with respect to at least one challenged claim in each case, we instituted inter partes review of all challenged claims on all asserted grounds in all of the cases. See, e.g., IPR2025-00702, Paper 11.” slip op. at 2
NonePatents in suitUS 11,033,821 - Bote, LLC v. Steamboat Paddlesports, LLCAdverse judgmentPTAB · Mar 25, 2025 · IPR2024-00892 · APJ Cynthia L Murphy · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–20 after finding abandonment, resulting in cancellation of all challenged claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“As noted in the Scheduling Order, “[i]f Patent Owner elects not to file a response to the Petition, Patent Owner must arrange a conference call with the parties and the Board.” [Paper 15, 9.] Thus, Patent Owner has three options: 1) file a response by February 18, 2025, 2) arrange a conference call in accordance with the Scheduling Order, or 3) stipulate a revised due date with Petitioner and file a response by the stipulated due date. Patent Owner must appoint counsel to proceed with any of these options, which Patent Owner should do without delay. Patent Owner’s failure to proceed with one of these options could be viewed as an abandonment of this proceeding. And such abandonment would be construed as Patent Owner’s request for adverse judgment against itself (see 37 C.F.R. § 42.73(b)(4)), resulting in cancellation of all of the claims challenged in the Petition.” slip op. at 2
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Not reached
“Accordingly, it is ORDERED that adverse judgment shall be entered against Patent Owner as to claims 1–20 of the ’466 patent under 37 C.F.R. § 42.73(b).4 FURTHER ORDERED that this paper constitutes a final written decision pursuant to 35 U.S.C. § 318(a) holding that claims 1–20 of the ’466 patent are unpatentable based on the adverse judgment; and “not made any attempt whatsoever to contact Petitioner regarding this IPR.” Ex. 1027 ¶ 7. 3 Patent Owner is reminded of the applicable estoppel provisions in 37 C.F.R. § 42.73(d)(3). 4 Petitioner filed a motion asking for a finding that Patent Owner had abandoned the proceedings and constructively requested adverse judgment against itself. See Paper 19; Ex. 3002. Petitioner’s motion is dismissed as moot in view of our entry of adverse judgment for the reasons expressed herein. The same applies to Petitioner’s request to submit supplemental evidence. See Ex. 3003.” slip op. at 3
NonePatents in suitUS 9,862,466 - Dell Inc. / Dell Technologies Inc. v. Softex LLCAdverse judgmentPTAB · Mar 19, 2024 · IPR2024-00564 · APJ Thu A Dang · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed claims 1–25 before institution, leaving no claim for consideration.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Our Rules provide that “[a]ctions construed to be a request for adverse judgment include: . . . [c]ancellation or disclaimer of a claim such that the Owner’s disclaimer of claims 1–25 leaves no claim remaining in the trial. Therefore, pursuant to our Rules, we construe this disclaimer as a request for adverse judgment, which we grant.” slip op. at 2
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingNot reached
“Petition requesting an inter partes review of claims 1–25 (“the challenged claims”) of U.S. Patent No. 8,506,649 B2 (Ex. 1001, “the ’649 patent). Paper 2 (“Petition”). Along with the Petition, Petitioner filed a Motion for Joinder to inter partes review IPR2023-01185. Paper 3 (“Motion”).” slip op. at 2
NonePatents in suitUS 8,506,649 - General Electric Company v. United Technologies CorporationAdverse judgmentPTAB · Dec 19, 2017 · IPR2017-00431 · APJ George R Hoskins · IPR · Adverse judgment
The Board denied termination and entered adverse judgment against Patent Owner after it disclaimed the only claim remaining in the trial, claim 9.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentDecided for petitioner
“A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). “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.” Id. § 42.73(b)(2). That is the case here, where Patent Owner has disclaimed claim 9, the only claim remaining in the present trial. Under these circumstances, entry of judgment adverse to the Patent Owner is appropriate.” slip op. at 2
NonePatents in suitUS 8,695,920 - Dr. Michael Farmwald / RPX Corporation v. Parkervision, Inc.Adverse judgmentPTAB · Oct 29, 2015 · IPR2014-00946 · APJ Bart A Gerstenblith · IPR · Adverse judgment
The Board granted Patent Owner’s motion for adverse judgment and cancelled claims 1, 82, 90, and 91.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). “Judgment” is defined as “a final written decision by the Board, or a termination of a proceeding.” 37 C.F.R. § 42.2. Although Patent Owner uses the term “termination” in its Motion, it did not submit the Motion under 37 C.F.R. § 42.72 and did not explain why termination is appropriate in this circumstance. See 37 C.F.R. § 42.72 (noting that the Board may terminate a trial without rendering a final written decision “where appropriate,” such as when the trial is consolidated with another proceeding or pursuant to a settlement under 35 U.S.C. § 317(a)). Under the circumstances presented here, we see no reason not to grant Patent Owner’s Motion. Additionally, for the reasons discussed above, this Decision is a Final Written Decision, not a termination of the proceeding.1” slip op. at 3
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“(collectively, “Petitioner”) filed a Petition for inter partes review of U.S. Patent No. 6,266,518 B1 (“the ’518 patent”). Paper 1. ParkerVision, Inc. (“Patent Owner”) filed a Preliminary Response on September 24, 2014. Paper 7. On December 18, 2014, we instituted this inter partes review of claims 1, 82, 90, and 91 of the ’518 patent. Paper 8.” slip op. at 2
NonePatents in suitUS 6,266,518 - Silver Peak Systems, Inc. v. Riverbed Technology, Inc.Adverse judgmentPTAB · Aug 7, 2014 · IPR2014-00149 · APJ Frances L Ippolito · IPR · Adverse judgment
The Board granted Patent Owner’s request to cancel claims 1–14 and entered adverse judgment against Patent Owner on those claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentDecided for patent owner
“Pursuant to 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Cancellation of one or more claims, such that the patent owner has no remaining claim in the trial, is construed to be a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). Here, Patent Owner requests cancellation of all claims of the ’580 patent on which a trial was instituted, such that Patent Owner would have no remaining claim in the trial. Thus, it is appropriate to enter judgment at this time.” slip op. at 4
- PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend, grantedGranted
“claims at issue in the instant proceeding, namely claims 1–14. Mot. to Amend. In email correspondence to Board administrative staff dated July 17, 2014 and July 18, 2014, counsel for Petitioner indicated that Petitioner does not oppose Patent Owner’s Motion to Amend.6 Patent Owner’s Motion to Amend, cancelling claims 1–14, is granted. Pursuant to 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Cancellation of one or more claims, such that the patent owner has no remaining claim in the trial, is construed to be a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). Here, Patent Owner requests cancellation of all claims of the ’580 patent on which a trial was instituted, such that Patent Owner would have no remaining claim in the trial. Thus, it is appropriate to enter judgment at this time.” slip op. at 4
- Additional discoveryNot reached
“MOTION FOR AUTHORIZATION TO COMPEL TESTIMONY Petitioner’s Motion for Authorization to Compel Testimony is dismissed as moot because judgment is being entered against Patent Owner on the challenged claims.” slip op. at 4
NonePatents in suitUS 8,321,580
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.