- Hewlett-Packard Company v. Yyz LLCAdverse judgmentPTAB · Dec 16, 2015 · CBM2015-00050 · APJ Richard E Rice · CBM · Adverse judgment
The Board granted adverse judgment based on Patent Owner’s abandonment and cancelled claims 51, 52, and 55–57 of U.S. Patent No. 7,603,674 B2.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under 37 C.F.R. § 42.73(b)(4), a party may request judgment against itself at any time during a proceeding. Actions construed to be a request for such an adverse judgment include abandonment of the contest. We find that Patent Owner’s actions and admissions, as set forth in the Motion, constitute abandonment of these CBM Proceedings, and we determine based on such abandonment that Patent Owner has requested adverse judgment under 37 C.F.R. § 42.73(b)(4) in both proceedings.” slip op. at 2
NonePatents in suitUS 7,603,674 - Hewlett-Packard Company v. Yyz LLCAdverse judgmentPTAB · Dec 16, 2015 · CBM2015-00049 · APJ Richard E Rice · CBM · Adverse judgment
The Board granted adverse judgment based on Patent Owner’s abandonment and ordered claims 22–23, 27–29 of the ’749 patent and claims 51–52, 55–57 of the ’674 patent cancelled.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under 37 C.F.R. § 42.73(b)(4), a party may request judgment against itself at any time during a proceeding. Actions construed to be a request for such an adverse judgment include abandonment of the contest. We find that Patent Owner’s actions and admissions, as set forth in the Motion, constitute abandonment of these CBM Proceedings, and we determine based on such abandonment that Patent Owner has requested adverse judgment under 37 C.F.R. § 42.73(b)(4) in both proceedings.” slip op. at 2
NonePatents in suitUS 7,062,749 - Biomune Company v. Merial, University Of Saskatchewan, And The Queen’S University Of BelfastAdverse judgmentPTAB · Oct 30, 2015 · IPR2015-00254 · APJ Robert A Pollock · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment and cancelled claims 1–6 after Patent Owner abandoned the contest.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Pursuant to 37 C.F.R. § 42.73(b)(4), “[a]bandonment of the contest” is construed as a request for adverse judgment. Accordingly, we interpret Patent Owner’s Response as a request for adverse judgment. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims is appropriate.” slip op. at 2
NonePatents in suitUS 6,517,843 - Google Inc. / Linkedin Corp. v. Priceplay.Com, Inc.Adverse judgmentPTAB · Sep 28, 2015 · CBM2015-00024 · APJ Thomas L Giannetti · CBM · Adverse judgment
The Board entered adverse judgment against Patent Owner and ordered claims 1–18 cancelled after Patent Owner requested to abandon the contest.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Here, Patent Owner has requested to abandon the contest, which is construed as a request for adverse judgment. 37 C.F.R. § 42.73(b)(4). Under these circumstances, entry of judgment adverse to the Patent Owner and cancellation of claims 1–18 of the ʼ917 patent are appropriate.” slip op. at 2
NonePatents in suitUS 8,494,917 - LG Display Co., Ltd v. Innovative Display Technologies LLCAdverse judgmentPTAB · Jun 10, 2015 · IPR2014-01357 · APJ Thomas L Giannetti · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner at its request and cancelled claims 1–4, 16, and 26.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Here, Patent Owner has requested cancellation of each claim for which inter partes review has been instituted, and thus Patent Owner has no remaining claim in the trial. Id. § 42.73(b)(2). Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims as requested is appropriate. CONCLUSION AND ORDER Patent Owner’s request for entry of adverse judgment is granted. It is, therefore, ORDERED that adverse judgment against the Patent Owner is entered under 37 C.F.R. § 42.73(b);” slip op. at 2
NonePatents in suitUS 6,755,547 - Symantec Corporation v. Rpost Communications LimitedAdverse judgmentPTAB · Nov 7, 2014 · IPR2014-00357 · APJ Thomas L Giannetti · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner after it cancelled claims 9–20, the only claims instituted for review.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Here, Patent Owner has cancelled each claim for which inter partes review has been instituted, and thus Patent Owner has no remaining claim in the trial. Id. § 42.73(b)(2). Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims as requested is appropriate.” slip op. at 2
NonePatents in suitUS 8,468,199 - Bank Of America, N.A. / PNC Financial Services Group, Inc. et al. v. Intellectual Ventures II LLCAdverse judgmentPTAB · Aug 18, 2014 · CBM2014-00031 · APJ Thomas L Giannetti · CBM · Adverse judgment
The Board granted the Patent Owner’s unopposed motion to amend, entered adverse judgment, and ordered claims 10-18 cancelled.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“during a proceeding. 37 C.F.R. § 42.73(b). Cancellation or disclaimer of a claim such that a party has no remaining claims in the trial is an action construed as a request for adverse judgment. Id. § 42.73(b)(2). Here, Patent Owner has moved to cancel each claim for which review is sought. Paper 19 at 3. The motion is unopposed. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims as requested is appropriate.” slip op. at 2
- PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend, grantedGranted
“Here, Patent Owner has moved to cancel each claim for which review is sought. Paper 19 at 3. The motion is unopposed. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims as requested is appropriate. CONCLUSION Patent Owner’s request for entry of adverse judgment is granted. It is, therefore, ORDERED that Patent Owner’s motion to amend is granted; FURTHER ORDERED that adverse judgment against the Patent Owner is” slip op. at 2
NonePatents in suitUS 6,182,894 - ABB Inc. v. Roy-G-Biv CorporationAdverse judgmentPTAB · Feb 26, 2014 · IPR2014-00122 · APJ Thomas L Giannetti · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner and cancelled challenged claims 5–16 after Patent Owner requested judgment and cancelled them.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Here, Patent Owner has cancelled each claim for which inter partes review is sought. Paper 6 at 4. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims as requested is appropriate.” slip op. at 2
NonePatents in suitUS 6,941,543 - Crestron Electronics, Inc. v. Norman IP Holdings, LLCAdverse judgmentPTAB · Jan 17, 2014 · IPR2013-00278 · APJ Thomas L Giannetti · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment and cancelled all challenged claims: 4, 6-9, 13-17, 20, 35-39, 42, 47-50, 53-57, and 60.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). No motion to amend the claims is pending, and, in fact, Patent Owner has requested that each claim for which this inter partes review was instituted be cancelled. Paper 14 at 2. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims as requested is appropriate.” slip op. at 2
NonePatents in suitUS 5,592,555
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