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  • PTAB · Aug 31, 2015 · IPR2015-00385 · APJ Grace Karaffa Obermann · IPR · Adverse judgment

    The Board granted Patent Owner’s unopposed motion for adverse judgment after Patent Owner disclaimed claims 1–5.

    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). No motion to amend the claims is pending. Patent Owner has requested cancellation of each claim for which this review was instituted. Paper 14, Appendix A. Under these circumstances, Patent Owner’s Unopposed Motion for Adverse Judgment is granted and judgment adverse to Patent Owner is entered. This constitutes a final written decision under 35 U.S.C. § 318(a). It is ORDERED that Patent Owner’s Unopposed Motion for Adverse Judgment is granted; FURTHER ORDERED that adverse judgment against Patent Owner is entered under 37 C.F.R. § 42.73(b); and FURTHER ORDERED that this constitutes a final written decision under 35 U.S.C. § 318(a).” slip op. at 2

    None
    Patents in suitUS 8,237,294
  • PTAB · Jul 7, 2014 · IPR2014-00218 · APJ Grace Karaffa Obermann · IPR · Adverse judgment

    The Board granted the joint motion and entered adverse judgment against Patent Owner after it disclaimed challenged claims 1, 5-8, 10, and 11.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “DISCUSSION A party may request entry of judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Actions construed as a request for adverse judgment include cancellation or disclaimer of patent claims, such that the party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Patent Owner has filed a statutory disclaimer that leaves no patent claim remaining in this inter partes review. Paper 16 at 2, Ex. A. Under these circumstances, entry of judgment adverse to Patent Owner is appropriate.” slip op. at 2

    None
    Patents in suitUS 8,485,565
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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.