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  • PTAB · 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

    None
    Patents in suitUS 8,695,920

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.