- LG Energy Solution, Ltd. v. Molecular Rebar Design, LLCAdverse judgmentPTAB · Sep 2, 2025 · IPR2025-00355 · APJ Avelyn Ross · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner after it disclaimed claims 1–23, terminated the IPR, and cancelled the scheduled hearing.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under our rules, a party may request adverse judgment against itself at any time during a proceeding, and we construe a disclaimer of all claims involved in a trial as a request for adverse judgment. 37 C.F.R. §42.73(b). Because Patent Owner has disclaimed all challenged claims, and has requested adverse judgment, we determine that it is appropriate to enter adverse judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b) and to terminate this proceeding. Under these circumstances, we grant Patent Owner’s Motion, and grant Patent Owner’s request that the hearing in this matter, scheduled for September 15, 2025, be cancelled.” slip op. at 2
NonePatents in suitUS 9,636,649 - LG Energy Solution, Ltd. v. Molecular Rebar Design, LLCAdverse judgmentPTAB · Sep 2, 2025 · IPR2024-01005 · APJ Avelyn Ross · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner, terminated review of claims 1–23, and cancelled the scheduled hearing after Patent Owner disclaimed all challenged claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under our rules, a party may request adverse judgment against itself at any time during a proceeding, and we construe a disclaimer of all claims involved in a trial as a request for adverse judgment. 37 C.F.R. §42.73(b). Because Patent Owner has disclaimed all challenged claims, and has requested adverse judgment, we determine that it is appropriate to enter adverse judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b) and to terminate this proceeding. Under these circumstances, we grant Patent Owner’s Motion, and” slip op. at 2
NonePatents in suitUS 9,636,649 - Qiagen Sciences, LLC v. Tecan Genomics, Inc.Adverse judgmentPTAB · Aug 12, 2025 · IPR2025-00027 · APJ Deborah Katz · IPR · Adverse judgment
The Board granted the parties’ joint motion for adverse judgment against Patent Owner after it disclaimed the entire patent term, and terminated the instituted inter partes review.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“17.) Previously, on July 11, 2025, Patent Owner filed a disclaimer disclaiming the entire term of the ’241 patent. (See Ex. 2020.) Because there is no term left for any claim of the ’241 patent, we determine it is appropriate to terminate the inter partes review and enter judgment against Patent Owner. ORDER Accordingly, it is: ORDERED that the parties’ joint motion for adverse judgment is granted; and” slip op. at 2
NonePatents in suitUS 11,725,241 - Integrated Dna Technologies, Inc. v. Tecan Genomics, Inc.Adverse judgmentPTAB · Aug 11, 2025 · IPR2024-01502 · APJ James A Worth · IPR · Adverse judgment
The Board granted the joint motion for adverse judgment after Patent Owner disclaimed claims 1–3, 5–11, and 14–17, and terminated the inter partes review.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Section 42.73 provides that “[a] party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include: (2) Cancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” 37 C.F.R. § 42.73(b)(2). We agree that adverse judgment and termination are appropriate in view of the disclaimer because no challenged claim remains.” slip op. at 2
NonePatents in suitUS 9,546,399 - Abbott Laboratories v. Newtonoid Technologies, L.L.C.Adverse judgmentPTAB · May 29, 2025 · IPR2024-00932 · APJ Mary C Hoffman · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment, terminated the trial, and cancelled claims 1 and 4–20.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Our rules provide that “[a] party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). We understand Patent Owner’s May 19, 2025 email as a request for judgment against itself. Accordingly, on the record before us, we enter adverse judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b) and terminate the trial pursuant to 37 C.F.R. § 42.72. Accordingly, it is: ORDERED that Patent Owner’s May 19, 2025 email request for adverse judgment pursuant to 37 C.F.R. § 42.73(b) is granted;” slip op. at 3
NonePatents in suitUS 11,392,818 - Google LLC v. 138 East LCD Advancements LimitedAdverse judgmentPTAB · May 23, 2025 · IPR2024-00961 · APJ Kristen L Droesch · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed claims 1–3, entering judgment against Patent Owner on those claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Owner to file a response to the Petition. Paper 8, 11. On March 30, 2025, the parties entered a stipulation to modify the due dates for a response to the Petition, reply, and sur-reply. Paper 11. Patent Owner’s response was due May 16, 2025, but no response was filed. On May 7, 2025, Patent Owner filed a statutory disclaimer under 37 C.F.R. § 1.321(a) disclaiming all of the claims at issue in this proceeding, namely, claims 1–3 of the ’109 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 1-3” of the ’109 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) is granted; and FURTHER ORDERED that judgment is entered against Patent Owner with respect to claims 1–3 of the ’109 Patent.” slip op. at 2
NonePatents in suitUS 7,945,109 - Google LLC v. 138 East LCD Advancements LimitedAdverse judgmentPTAB · 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
NonePatents in suitUS 8,355,574 - Microsoft Corporation v. Proxense, LLCAdverse judgmentPTAB · Apr 28, 2025 · IPR2024-00775 · APJ David C Mckone · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner and cancelled claims 1–17 after Patent Owner conceded unpatentability.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Rule 47.73(b)(3) provides that “[a] party may request adverse judgment against itself at any time during a proceeding” and that “[a]ctions construed to be a request for adverse judgment include . . . [c]oncession of unpatentability . . . of the contested subject matter.” 37 C.F.R. § 42.73(b)(3). We grant Patent Owner’s request for adverse judgment.” slip op. at 2
NonePatents in suitUS 8,352,730 - Apple Inc. v. Proxense, LLCAdverse judgmentPTAB · Apr 28, 2025 · IPR2024-01333 · APJ David C Mckone · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner and cancelled claims 1–6 and 8–17 after Patent Owner conceded their unpatentability.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“IPR2024-01333 based on the concessions of unpatentability made when Patent Owner authorized entry of the Examiner’s amendment in EPR 90/015,052.” Paper 29, 1. “Patent Owner has conceded the unpatentability of the claims at issue in this proceeding by authorizing entry of the Examiner’s amendment in EPR 90/015,052. As such, Patent Owner requests adverse judgment pursuant to 42.73(b)(3).” Id. “Petitioner Apple agrees to Patent Owner’s request for adverse judgment in IPR2024-00232.” Ex. 3004. Rule 47.73(b)(3) provides that “[a] party may request adverse judgment against itself at any time during a proceeding” and that “[a]ctions construed to be a request for adverse judgment include . . . [c]oncession of unpatentability . . . of the contested subject matter.” 37 C.F.R. § 42.73(b)(3). We grant Patent Owner’s request for adverse judgment.” slip op. at 2
- PTAB / AIA Trials › §315(e) estoppelOther
“Reexamination Control No. 90/015,052 (Paper 27). Paper 29, 1–3. “Patent Owner is also agreeing to follow the estoppel provisions of 42.73(d)(3).” Id. at 3. Petitioner “does not oppose Patent Owner’s request to lift the stay in EPR 90/015,052,” but requests that we “include in [our] judgment a recommendation to the Examiner in EPR 90/015,052 to consider whether the Patent Owner should be estopped under 37 C.F.R. 42.73(d)(3)(i) from ‘taking action inconsistent with the adverse judgment, including obtaining in or canceled claim.” Ex. 3004. We hereby lift the stay in Reexamination Control No. 90/015,052. We also recommend that the Reexamination Examiner consider whether estoppel under 37 C.F.R. § 42.73(d)(3)(i) should preclude Patent Owner from taking action inconsistent with this adverse judgment.” slip op. at 2
NonePatents in suitUS 8,352,730 - Apple Inc. v. Proxense, LLCAdverse judgmentPTAB · Apr 28, 2025 · IPR2024-00232 · APJ David C Mckone · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner, cancelled claims 1–6 and 8–17, and lifted the stay of the concurrent reexamination after Patent Owner conceded unpatentability.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“IPR2024-01333 based on the concessions of unpatentability made when Patent Owner authorized entry of the Examiner’s amendment in EPR 90/015,052.” Paper 29, 1. “Patent Owner has conceded the unpatentability of the claims at issue in this proceeding by authorizing entry of the Examiner’s amendment in EPR 90/015,052. As such, Patent Owner requests adverse judgment pursuant to 42.73(b)(3).” Id. “Petitioner Apple agrees to Patent Owner’s request for adverse judgment in IPR2024-00232.” Ex. 3004. Rule 47.73(b)(3) provides that “[a] party may request adverse judgment against itself at any time during a proceeding” and that “[a]ctions construed to be a request for adverse judgment include . . . [c]oncession of unpatentability . . . of the contested subject matter.” 37 C.F.R. § 42.73(b)(3). We grant Patent Owner’s request for adverse judgment.” slip op. at 2
- PTAB / AIA Trials › §315(e) estoppelOther
“Reexamination Control No. 90/015,052 (Paper 27). Paper 29, 1–3. “Patent Owner is also agreeing to follow the estoppel provisions of 42.73(d)(3).” Id. at 3. Petitioner “does not oppose Patent Owner’s request to lift the stay in EPR 90/015,052,” but requests that we “include in [our] judgment a recommendation to the Examiner in EPR 90/015,052 to consider whether the Patent Owner should be estopped under 37 C.F.R. 42.73(d)(3)(i) from ‘taking action inconsistent with the adverse judgment, including obtaining in or canceled claim.” Ex. 3004. We hereby lift the stay in Reexamination Control No. 90/015,052. We also recommend that the Reexamination Examiner consider whether estoppel under 37 C.F.R. § 42.73(d)(3)(i) should preclude Patent Owner from taking action inconsistent with this adverse judgment.” slip op. at 2
NonePatents in suitUS 8,352,730
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