- PTAB · May 13, 2026 · IPR2025-01082 · APJ David C Mckone · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed the entire patent term, entering judgment against claims 1–10.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request entry of adverse judgment against itself at any time during an inter partes review proceeding. See 37 C.F.R. § 42.73(b). In addition, “[a]ctions construed to be a request for adverse judgment include: (1) Disclaimer of the involved application or patent; [and] (2) Cancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Id. Because Patent Owner has explicitly requested adverse judgment against itself pursuant to Rule 42.73(b), and has disclaimed the entire term of the ’181 patent, Patent Owner’s request for adverse judgment is granted.” slip op. at 3
NonePatents in suitUS 6,888,181 - PTAB · Feb 13, 2025 · IPR2024-01262 · APJ Georgianna W Braden · IPR · Institution
The Board instituted IPR on claims 1–26 on all petition challenges and granted Altice USA’s motion to join IPR2024-00322, subject to participation limits.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“U.S.C. § 314(a), which provides that an inter partes review may not be instituted unless the information presented in the Petition and the Preliminary Response shows “there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” The patentability challenges in the Comcast IPR met the “reasonable likelihood” standard of § 314(a). IPR2024-00322, Paper 13, 36.” slip op. at 4
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, grantedGranted
“Under the present circumstances, we agree with Petitioner that joinder is appropriate and will not unduly impact the ongoing trial in IPR2024- 00322. Nonetheless, we lay out the following restrictions in order to ensure minimal impact on the trial schedule, cost, discovery, and potential briefing. Specifically, we limit Petitioner Altice USA, Inc.’s participation in the joined proceeding, such that (1) Comcast Communications, LLC alone is responsible for all petitioner filings in the joined proceeding until such time that it is no longer an entity in the joined proceeding, and (2) Altice USA, Inc. is bound by all filings by Comcast Communications, LLC in the joined proceeding, except for (a) filings regarding termination or settlement and (b) filings where Altice USA, Inc. receives permission to file an independent paper. Altice USA, Inc. must obtain prior Board authorization to file any paper or to take any action on its own in the joined proceeding, so long as Comcast Communications, LLC remains as a non-terminated petitioner in the joined proceeding. This arrangement promotes the just and efficient administration of the ongoing trial in IPR2024-00322 and protects the interests of Comcast Communications, LLC as original petitioner in IPR2024-00322, and of Patent Owner. For the foregoing reasons, and with the limitations discussed above, Petitioner’s Motion for Joinder is granted.” slip op. at 6
NonePatents in suitUS 8,356,251 - PTAB · Feb 4, 2025 · IPR2024-01231 · APJ Georgianna W Braden · IPR · Institution
The Board instituted IPR on claims 1–26 on all petition grounds and granted Charter’s motion to join IPR2024-00322, subject to participation limits.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“U.S.C. § 314(a), which provides that an inter partes review may not be instituted unless the information presented in the Petition and the Preliminary Response shows “there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” The patentability challenges in the Comcast IPR met the “reasonable likelihood” standard of § 314(a). IPR2024-00322, Paper 13, 36.” slip op. at 4
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, grantedGranted
“not be impacted if it were to join that proceeding because “[t]he grounds in the instant Petition—and evidence upon which they rely—are identical to the grounds in the Comcast IPR, which the Board instituted.” Mot. 1, 5. Furthermore, Petitioner agrees that, if joined as a party to the Comcast IPR, it will act as “understudy” and will not assume an active role unless Comcast terminates its involvement after joinder. Mot. 1, 7–8. Under the present circumstances, we agree with Petitioner that joinder is appropriate and will not unduly impact the ongoing trial in IPR2024- 00322. Nonetheless, we lay out the following restrictions in order to ensure minimal impact on the trial schedule, cost, discovery, and potential briefing. Specifically, we limit Petitioner Charter Communications, Inc.’s participation in the joined proceeding, such that (1) Comcast Communications, LLC alone is responsible for all petitioner filings in the joined proceeding until such time that it is no longer an entity in the joined proceeding, and (2) Charter Communications, Inc. is bound by all filings by Comcast Communications, LLC in the joined proceeding, except for (a) filings regarding termination or settlement and (b) filings where Charter Communications, Inc. receives permission to file an independent paper. Charter Communications, Inc. must obtain prior Board authorization to file any paper or to take any action on its own in the joined proceeding, so long as Comcast Communications, LLC remains as a non-terminated petitioner in the joined proceeding. This arrangement promotes the just and efficient administration of the ongoing trial in IPR2024-00322 and protects the interests of Comcast Communications, LLC as original petitioner in IPR2024-00322, and of Patent Owner.” slip op. at 6
NonePatents in suitUS 8,356,251 - Microsoft Corporation / HP Inc. et al. v. Litl LLCAdverse judgmentPTAB · Oct 10, 2024 · IPR2024-00456 · APJ Garth D Baer · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed claims 1–9, 15–22, and 24–27.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Rule 42.73(b) permits a party to “request judgment against itself at any time during a proceeding,” and states that “disclaimer of a claim such that the party has no remaining claim in the trial” will be construed as a request for adverse judgment. Under these circumstances, we grant Patent Owner’s motion for adverse judgment. ORDER It is: ORDERED that Patent Owner’s Motion for adverse judgment (Paper 28) is GRANTED, and FURTHER ORDERED that judgment is entered against Patent Owner with respect to claims 1–9, 15–22, and 24–27 of the ’888 patent.” slip op. at 2
NonePatents in suitUS 8,612,888 - HP Inc. / Dell Technologies Inc. et al. v. Litl LLCAdverse judgmentPTAB · Oct 1, 2024 · IPR2024-00404 · APJ Garth D Baer · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed all challenged claims: 1, 3, 4, 7-10, 13, 14, 16-18, and 22.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Rule 42.73(b) permits a party to “request judgment against itself at any time during a proceeding,” and states that “disclaimer of a claim such that the party has no remaining claim in the trial” will be construed as a request for adverse judgment. Under these circumstances, we grant Patent Owner’s motion for adverse judgment.” slip op. at 2
NonePatents in suitUS 8,624,844 - PTAB · May 21, 2024 · IPR2024-00222 · APJ Garth D Baer · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–3, 6–23, and 25–33 based on abandonment of the contest.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Petition (Paper 2), requesting an inter partes review of claims 1–3, 6–23, and 25–33 of U.S. Patent No. 9,643,506 (Ex. 1001, “the ’506 patent”). Shenzhen Carku Technology Co. (“Patent Owner”) did not file mandatory notices despite its obligation to do so under our rules. See 37 C.F.R. § 42.8(b). In addition, the Board emailed the attorney of record listed on the ’506 patent as well as the attorney listed in the Petition’s certificate of service, but has not received any response. See Ex. 1003. Pursuant to our rules, “[a]ctions construed to be a request for adverse judgment include . . . [a]bandonment of the contest.” 37 C.F.R. § 42.73(b)(4). Patent Owner’s failure to file mandatory notices and its failure to respond to the Board’s email is consistent with abandonment of the contest. Accordingly, it is ORDERED that adverse judgment is entered against Patent Owner as to claims 1–3, 6–23, and 25–33 of the ’506 patent; and” slip op. at 2
NonePatents in suitUS 9,643,506 - Western Digital Technologies, Inc. v. Shamrock Innovations, LLCAdverse judgmentPTAB · Apr 17, 2024 · IPR2023-00754 · APJ Garth D Baer · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner as to claim 7 after Patent Owner abandoned the contest, and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“(Paper 2, “Pet.”), requesting an inter partes review of claim 7 of U.S. Patent No. 8,060,675 B2 (Ex. 1001, “the ’675 patent”). After Shamrock Innovations, LLC (“Patent Owner”) filed a Waiver of Preliminary Response, we instituted inter partes review of claim 7. Paper 8. On January 9, 2024, Patent Owner notified the Board that it “has elected not the contest the IPR” because the patent at issue “expired August 6, 2018” and “given the limited amount of money at stake” in this case. Ex. 3001. Petitioner requests that we enter adverse judgment against Patent Owner under 37 CFR § 42.73(b) and terminate this proceeding. Ex. 3002. We construe Patent Owner’s abandonment of the contest as a request for adverse judgment. See 37 C.F.R. § 42.73(b)(4). Accordingly, it is ORDERED that adverse judgement is entered against Patent Owner as” slip op. at 2
NonePatents in suitUS 8,060,675 - PTAB · Mar 13, 2024 · IPR2023-01353 · APJ Kevin F Turner · IPR · Institution
The Board instituted review of claims 1–20 on all Petition grounds and granted Palo Alto Networks’ motion to join the Keysight IPR.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Because the issues presented in the instant Petition are identical to those in the Keysight IPR, we determine for the same reasons that there is a reasonable likelihood that Petitioner would prevail in showing that at least one of claims 1–20 of the ’343 Patent is unpatentable under the grounds of the Petition. Therefore, we institute inter partes review for the same reasons stated in our Decision on Institution in the Keysight IPR. See IPR2023- 00446, Paper 9.” slip op. at 3
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, grantedGranted
“appropriate; (2) identify any new grounds of unpatentability asserted in the petition; (3) explain what impact (if any) joinder would have on the trial schedule for the existing review; and (4) address specifically how briefing and discovery may be simplified. See Kyocera Corp. v. Softview LLC, IPR2013-00004, Paper 15 at 4 (PTAB Apr. 24, 2013); Patent Trial and Appeal Board, Consolidated Trial Practice Guide, 76 (Nov. 2019), https://www.uspto.gov/sites/default/files/documents/tpgnov.pdf. Petitioner’s Motion addresses each of these considerations. Mot. 1–8.” slip op. at 4
NonePatents in suitUS 10,567,343 - PTAB · Feb 22, 2024 · IPR2023-01329 · APJ Kevin F Turner · IPR · Institution
The Board instituted review of claims 1–27 on all petition grounds and granted Palo Alto Networks’ motion to join the Keysight IPR, with no new grounds added.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“III. INSTITUTION OF INTER PARTES REVIEW We instituted inter partes review in the Keysight IPR on all challenged claims and all asserted grounds of unpatentability. IPR2023- 00445, Paper 10. Petitioner’s Petition challenges the same claims and asserts the same grounds of unpatentability as those on which we instituted the Keysight IPR, relying on substantially the same testimonial evidence. See Mot. 2 (“[the instant Petition] is substantively identical to Keysight’s IPR.”). As noted above, Patent Owner does not refute the same. Paper 5, 1. Because the issues presented in the instant Petition are identical to those in the Keysight IPR, we determine for the same reasons that there is a reasonable likelihood that Petitioner would prevail in showing that at least one of claims 1–27 of the ’266 Patent is unpatentable under the grounds of the Petition. Therefore, we institute inter partes review for the same reasons” slip op. at 3
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, grantedGranted
“appropriate; (2) identify any new grounds of unpatentability asserted in the petition; (3) explain what impact (if any) joinder would have on the trial schedule for the existing review; and (4) address specifically how briefing and discovery may be simplified. See Kyocera Corp. v. Softview LLC, IPR2013-00004, Paper 15 at 4 (PTAB Apr. 24, 2013); Patent Trial and Appeal Board, Consolidated Trial Practice Guide, 76 (Nov. 2019), https://www.uspto.gov/sites/default/files/documents/tpgnov.pdf. Petitioner’s Motion addresses each of these considerations. Mot. 1–8. According to Petitioner, its “Petition presents the unpatentability of the same claims of the same patent on the same grounds as the Keysight Petition.” Id. at 5. Petitioner also argues that “Patent Owner will not be required to provide any additional analysis or arguments beyond what it will already provide in responding to the Keysight Petition,” and does not unduly burden or negatively impact the trial schedule. Id. at 6–7. Further, Petitioner agrees to take an “understudy” role and Petitioner “will assume the primary role only if Keysight ceases to participate in the Keysight IPR.” Id. at 7–8. Thus, according to Petitioner, Patent Owner would not suffer prejudice if the two proceedings are joined. Id. at 8. Patent Owner has not disputed the above contentions by Petitioner and does not point to any particular prejudice relating to joining the two proceedings. In light of these considerations, Petitioner has shown that joinder to the Keysight IPR is appropriate in this case. Therefore, we grant Petitioner’s Motion for Joinder.” slip op. at 4
NonePatents in suitUS 10,785,266 - PTAB · Feb 16, 2024 · IPR2023-01321 · APJ Aaron W Moore · IPR · Institution
The Board instituted IPR on claims 1–19 and 37–58 based on the asserted grounds and granted Porsche’s motion to join IPR2023-00335, subject to participation restrictions.
RulingsInstitution decision- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“A. INSTITUTION OF INTER PARTES REVIEW Petitioner represents that the “Petition is essentially a copy of the petition filed in” the VW IPR and that the evidence and arguments “are substantively identical to the evidence and arguments supporting the VW Petition.” Mot. 1, 4. Our independent review of the Petition and the VW IPR petition confirms Petitioner’s representations, and that the petitions in the two proceedings are substantially the same. Further, although Petitioner relies on a different expert declarant, Petitioner submits that the two declarations are “substantively identical.” Id. at 3. Having already considered the merits of those challenges and the evidence in the VW IPR, and having determined that the threshold for institution of inter partes review has been met, we determine that this Petition also establishes a reasonable likelihood that Petitioner will prevail with respect to at least one claim. Additionally, we determine that Patent Owner’s arguments for discretionary denial (see Prelim. Resp. 59–69) are not persuasive.10 Therefore, for the same reasons stated in our Decision to Institute in the VW IPR, we institute inter partes review in this proceeding on the grounds presented in the Petition.” slip op. at 7
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingJoinder, grantedGranted
“We determine that Petitioner has met its burden of showing that joinder is appropriate because, as set forth above, the Petition is substantially identical to the petition in the VW IPR, contains the same grounds based on the same evidence, and relies on a substantively identical declaration. Petitioner also represents that joinder will not impact the VW IPR schedule. See Mot. 4. Additionally, Petitioner represents that it is willing to accept a limited, “understudy role” to Volkswagen (the original petitioner in the VW IPR), taking over only in the event VW no longer participates. See id. at 5; id. at 5 n.3. Specifically, Petitioner represents that in its understudy role, it agrees that the following conditions will apply: (a) Petitioner will not make any substantive filings and shall be bound by the filings of VW, unless a filing concerns termination and settlement, or issues solely involving Petitioner; (b) Petitioner will not present any argument or make any presentation at the oral hearing unless an issue solely involves Petitioner, or when addressing motions that do not affect VW; (c) Petitioner will not seek to cross-examine or defend the cross-examination of any witness, unless the topic of cross-examination concerns issues solely involving Petitioner, within the time permitted by VW alone and with VW’s agreement; (d) Petitioner will not seek discovery from Patent Owner, unless issues arise that are unique to, and only applicable to, Petitioner; and (e) Petitioner will not rely on expert testimony beyond that submitted by VW unless and until VW is terminated as party to the proceeding prior to any necessary depositions. See id. at 5–6. Patent Owner has not filed an opposition to Petitioner’s Motion. Thus, Petitioner’s Motion stands unopposed. Under these circumstances, we agree with Petitioner that joinder is appropriate and will not unduly impact the ongoing trial in the VW IPR. We limit Petitioner’s participation in the VW IPR proceeding as follows: (1) VW alone is” slip op. at 8
- PTAB / AIA Trials › Discretionary denialNot reached
“Having already considered the merits of those challenges and the evidence in the VW IPR, and having determined that the threshold for institution of inter partes review has been met, we determine that this Petition also establishes a reasonable likelihood that Petitioner will prevail with respect to at least one claim. Additionally, we determine that Patent Owner’s arguments for discretionary denial (see Prelim. Resp. 59–69) are not persuasive.10 Therefore, for the same reasons stated in our Decision to Institute in the VW IPR, we institute inter partes review in this proceeding on the grounds presented in the Petition.” slip op. at 7
Discretionary denialPatents in suitUS 10,894,503
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.