- 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 - Caterpillar Inc. v. Esco CorporationAdverse judgmentPTAB · Sep 23, 2015 · IPR2015-00409 · APJ Phillip J Kauffman · IPR · Adverse judgment
The Board entered adverse judgment against ESCO after it disclaimed the only instituted claim, claim 14, and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“DISCUSSION Under 37 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 disclaimer of a claim such that the party has no remaining claim in the trial. See 37 C.F.R. § 42.73(b)(2). Claim 14 of the ’472 patent is the only claim for which trial was instituted; Patent Owner has disclaimed claim 14, and consequently, Patent Owner has no remaining claim in this inter partes review. Under these circumstances, the entry of judgment adverse to the Patent Owner and termination of these proceedings is appropriate.” slip op. at 2
NonePatents in suitUS 8,689,472 - Askeladden LLC v. Isourceloans LLCAdverse judgmentPTAB · Jun 16, 2015 · IPR2015-00138 · APJ Jeremy M Plenzler · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner at its request and cancelled instituted claims 21, 22, 28, 31, 32, and 36.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“claims 21–41 of U.S. Patent No. 7,340,435 B1 (Paper 2), and we instituted trial for claims 21, 22, 28, 31, 32, and 36 on April 20, 2015 (Paper 8). On June 15, 2015, Patent Owner (iSourceloans LLC) filed a request for Adverse Judgment pursuant to 37 C.F.R. § 42.73(b)(4). Paper 12. Under 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Patent Owner acknowledges that, in accordance with its request, the Board will terminate the proceeding and cancel all instituted claims. Id. at 2. Patent Owner further acknowledges that its actions subject it to the estoppel provisions of 37 C.F.R. § 42.73(d). Id. ORDER For the reasons given, it is ORDERED that adverse judgment is entered against Patent Owner under 37 C.F.R. § 42.73(b); and” slip op. at 2
NonePatents in suitUS 7,340,435
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.