- Avx Corporation v. Greatbatch Ltd.Adverse judgmentPTAB · Jan 14, 2015 · IPR2014-01461 · APJ Jon B Tornquist · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment, entered judgment against it on claims 1–20, and cancelled those claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party1 may request judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Although not titled as such, we interpret Patent Owner’s Preliminary Response as a request for adverse judgment under 37 C.F.R. § 42.73(b). Accordingly, it is ORDERED that Patent Owner’s request for judgment against itself is granted; FURTHER ORDERED that judgment is entered against Patent Owner under 37 C.F.R. § 42.73(b) with respect to claims 1–20 of U.S. Patent No. 7,244,279; and FURTHER ORDERED that claims 1–20 of U.S. Patent No. 7,244,279 are CANCELLED.” slip op. at 2
NonePatents in suitUS 7,244,279 - Silver Peak Systems, Inc. v. Riverbed Technology, Inc.Adverse judgmentPTAB · Aug 7, 2014 · IPR2014-00149 · APJ Frances L Ippolito · IPR · Adverse judgment
The Board granted Patent Owner’s request to cancel claims 1–14 and entered adverse judgment against Patent Owner on those claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentDecided for patent owner
“Pursuant to 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Cancellation of one or more claims, such that the patent owner has no remaining claim in the trial, is construed to be a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). Here, Patent Owner requests cancellation of all claims of the ’580 patent on which a trial was instituted, such that Patent Owner would have no remaining claim in the trial. Thus, it is appropriate to enter judgment at this time.” slip op. at 4
- PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend, grantedGranted
“claims at issue in the instant proceeding, namely claims 1–14. Mot. to Amend. In email correspondence to Board administrative staff dated July 17, 2014 and July 18, 2014, counsel for Petitioner indicated that Petitioner does not oppose Patent Owner’s Motion to Amend.6 Patent Owner’s Motion to Amend, cancelling claims 1–14, is granted. Pursuant to 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Cancellation of one or more claims, such that the patent owner has no remaining claim in the trial, is construed to be a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). Here, Patent Owner requests cancellation of all claims of the ’580 patent on which a trial was instituted, such that Patent Owner would have no remaining claim in the trial. Thus, it is appropriate to enter judgment at this time.” slip op. at 4
- Additional discoveryNot reached
“MOTION FOR AUTHORIZATION TO COMPEL TESTIMONY Petitioner’s Motion for Authorization to Compel Testimony is dismissed as moot because judgment is being entered against Patent Owner on the challenged claims.” slip op. at 4
NonePatents in suitUS 8,321,580 - Silver Peak Systems, Inc. v. Riverbed Technology, Inc.Adverse judgmentPTAB · Aug 7, 2014 · IPR2014-00128 · APJ Frances L Ippolito · IPR · Adverse judgment
The Board granted Patent Owner’s cancellation motion and entered adverse judgment against claims 1, 2, 5–9, and 11.
RulingsAdverse judgment- PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend, grantedGranted
“MOTION TO AMEND In its Motion to Amend, Patent Owner seeks to cancel all of the claims at issue in the instant proceeding, namely claims 1, 2, 5–9, and 11 of the ’688 patent. Mot. to Amend. In email correspondence to Board administrative staff dated July 17, 2014 and July 18, 2014, counsel for Petitioner indicated that Petitioner does not oppose Patent Owner’s Motion to Amend.5 Patent Owner’s Motion to Amend, cancelling claims 1, 2, 5–9, and 11, is granted.” slip op. at 3
- Adverse judgmentAdverse judgmentDecided for patent owner
“Pursuant to 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Cancellation of one or more claims, such that the patent owner has no remaining claim in the trial, is construed to be a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). Here, Patent Owner requests cancellation of all claims of the ’688 patent on which a trial was instituted, such that Patent Owner would have no remaining claim in the trial. Thus, it is appropriate to enter judgment at this time.” slip op. at 4
NonePatents in suitUS 8,271,688 - Samsung Electronics Co., Ltd / Samsung Electronics America, Inc. et al. v. Affinity Labs Of Texas, LLCAdverse judgmentPTAB · Jul 9, 2014 · IPR2014-00212 · APJ Jon B Tornquist · IPR · Adverse judgment
The Board granted the LG Petitioners’ motions and entered adverse judgment against LG Electronics, Inc., LG Electronics, U.S.A., Inc., and LG Electronics Mobilecomm USA, Inc.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request entry of adverse judgment against itself at any time during a proceeding. See 37 C.F.R. § 42.73(b). Entry of adverse judgment against the LG Petitioners will not terminate or delay the current proceedings and Patent Owner and the remaining Petitioners do not oppose the motions. Under these circumstances, we find it is appropriate to grant the motions for adverse judgment. It is therefore ORDERED that adverse judgment be entered against LG Electronics, Inc., LG Electronics, U.S.A., Inc., and LG Electronics Mobilecomm USA, Inc. in IPR2014-00209 and IPR2014-00212.” slip op. at 2
NonePatents in suitUS 7,953,390 - Samsung Electronics Co., Ltd / Samsung Electronics America, Inc. et al. v. Affinity Labs Of Texas, LLCAdverse judgmentPTAB · Jul 9, 2014 · IPR2014-00209 · APJ Jon B Tornquist · IPR · Adverse judgment
The Board granted LG Petitioners’ motions and entered adverse judgment against them in IPR2014-00209 and IPR2014-00212.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request entry of adverse judgment against itself at any time during a proceeding. See 37 C.F.R. § 42.73(b). Entry of adverse judgment against the LG Petitioners will not terminate or delay the current proceedings and Patent Owner and the remaining Petitioners do not oppose the motions. Under these circumstances, we find it is appropriate to grant the motions for adverse judgment.” slip op. at 2
NonePatents in suitUS 7,953,390 - Larose Industries, LLC v. Choon’S Design, LLCAdverse judgmentPTAB · 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
NonePatents in suitUS 8,485,565
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.