- Commonwealth Scientific And Industrial Research Organisation v. BASF Plant Science GmbHAdverse judgmentPTAB · Jan 11, 2022 · PGR2021-00004 · APJ Jo-Anne M Kokoski · PGR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed all challenged claims, claims 1–9.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Pursuant to our rules, “[a]ctions 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.” 37 C.F.R. § 42.73(b)(2). Here, Patent Owner disclaimed claims 1–9 of the ’183 patent under 35 U.S.C. § 253 according to the procedures set forth in 37 C.F.R. § 1.321(a). See Ex. 2001, 1. Accordingly, we construe Patent Owner’s Disclaimer as a request that the Board enter judgment against it with respect to claims 1–9, the only claims at issue in this trial, and we grant that request. See Unified Patents, LLC v. Arsus, LLC, IPR2020-00948, Paper 18 at 2 (PTAB Jan. 27, 2021) (construing statutory disclaimer of all challenged claims as a request for adverse judgment), aff’d Case No. 2021-01648, 2021 WL 5315423 (Fed. Cir. Nov. 16, 2021).” slip op. at 2
NonePatents in suitUS 10,533,183 - Securus Technologies, Inc. v. Global Tel*link CorporationAdverse judgmentPTAB · Jan 10, 2017 · IPR2016-01446 · APJ Georgianna W Braden · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–5 because those claims were statutorily disclaimed.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentOther
“Under 37 C.F.R. § 42.73(b), a party may request an adverse judgment at any time during a proceeding. Disclaimer of claims, such that a party has no remaining claim in the proceeding, is deemed a request for entry of adverse judgment. 37 C.F.R. § 42.73 (b)(1) & (2). Accordingly, we construe Patent Owner’s statutory disclaimer of all of the challenged claims in the ’798 patent as a request for adverse judgment.” slip op. at 2
NonePatents in suitUS 7,333,798 - 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 - PTAB · Oct 8, 2014 · IPR2014-00284 · APJ Barbara A Benoit · IPR · Adverse judgment
The Board granted Lifeport Sciences’ request for adverse judgment after it disclaimed claims 1-3, 9-18, 23, 27-31, and 33-35.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“The Board construes disclaimer of all claims at issue in a trial as a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). Because Lifeport Sciences has disclaimed all claims at issue in this proceeding, entry of judgment against it is appropriate. Accordingly, it is ORDERED that Lifeport Sciences’ request for judgment against itself with respect to claims 1-3, 9-18, 23, 27-31, and 33-35 of U.S. Patent No. 5,562,728 is granted;” slip op. at 2
NonePatents in suitUS 5,562,728
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.