- Askeladden, L.L.C. v. Jabaa, L.L.C.Adverse judgmentPTAB · Mar 21, 2025 · IPR2024-00916 · APJ Hyun J Jung · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner based on abandonment of the contest and cancelled claims 1–24 of the ’637 patent.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“judgment include . . . [a]bandonment of the contest.” 37 C.F.R. § 42.73(b)(4). Patent Owner’s failure to file mandatory notices, a preliminary response, a response to the Petition, and a response to the Order to Show Cause and failure to take any other substantive action are consistent with abandonment of the contest. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the challenged claims are appropriate.” slip op. at 3
NonePatents in suitUS 7,480,637 - Askeladden, L.L.C. v. Jabaa, L.L.C.Adverse judgmentPTAB · Mar 21, 2025 · IPR2024-00915 · APJ Hyun J Jung · IPR · Adverse judgment
The Board entered adverse judgment against Jabaa, L.L.C. after abandonment of the contest and cancelled claims 1–24 of the ’637 patent.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“judgment include . . . [a]bandonment of the contest.” 37 C.F.R. § 42.73(b)(4). Patent Owner’s failure to file mandatory notices, a preliminary response, a response to the Petition, and a response to the Order to Show Cause and failure to take any other substantive action are consistent with abandonment of the contest. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the challenged claims are appropriate.” slip op. at 3
NonePatents in suitUS 7,480,637 - Nike, Inc. v. Valmarc CorporationAdverse judgmentPTAB · Jul 17, 2023 · IPR2022-01404 · APJ Hyun J Jung · IPR · Adverse judgment
The Board entered adverse judgment against Valmarc for claims 1–34; those claims were cancelled after Patent Owner requested judgment.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request [adverse] judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Having reviewed Patent Owner’s request, we determine that entry of judgment against Patent Owner with respect to claims 1–34 of U.S. Patent No. 8,063,736 B2 is appropriate. ORDER Accordingly, it is: ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1–34 of U.S. Patent No. 8,063,736 B2; slip op. at 2
NonePatents in suitUS 8,063,736 - Nike, Inc. v. Valmarc CorporationAdverse judgmentPTAB · Jul 17, 2023 · IPR2022-01403 · APJ Hyun J Jung · IPR · Adverse judgment
The Board entered adverse judgment against Valmarc for claims 1–15; those claims were cancelled after the Patent Owner requested judgment.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request [adverse] judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Having reviewed Patent Owner’s request, we determine that entry of judgment against Patent Owner with respect to claims 1–15 of U.S. Patent No. 7,852,195 B2 is appropriate. ORDER Accordingly, it is: ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1–15 of U.S. Patent No. 7,852,195 B2; FURTHER ORDERED that claims 1–15 of U.S. Patent No. 7,852,195 B2 are cancelled; and FURTHER ORDERED that this Order constitutes a final written decision under 35 U.S.C. § 318(a). slip op. at 2
NonePatents in suitUS 7,852,195 - Slack Technologies, LLC v. Ginegar LLCAdverse judgmentPTAB · Jan 9, 2023 · IPR2022-00542 · APJ Hyun J Jung · IPR · Adverse judgment
The Board entered adverse judgment against Ginegar on claims 1–16 of the ’865 patent after its request and disclaimer; those claims are cancelled.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Having reviewed Patent Owner’s requests and the cited decisions and exhibit, we determine that entry of judgment against the Patent Owner with respect to claims 1 and 2 of the ’521 patent and claims 1–16 of the ’865 patent is appropriate. ORDER Accordingly, it is: ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1 and 2 of U.S. Patent No. 9,367,521 B2 and claims 1–16 of U.S. Patent No. 9,760,865 B2; FURTHER ORDERED that claims 1 and 2 of U.S. Patent No. 9,367,521 B2 and claims 1–16 of U.S. Patent No. 9,760,865 B2 are cancelled; and FURTHER ORDERED that this Order constitutes a final written decision under 35 U.S.C. § 318(a) for each of the captioned proceedings.” slip op. at 2
NonePatents in suitUS 9,760,865 - Slack Technologies, LLC v. Ginegar LLCAdverse judgmentPTAB · Jan 9, 2023 · IPR2022-00541 · APJ Hyun J Jung · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner and cancelled claims 1–2 of the ’521 patent and claims 1–16 of the ’865 patent.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Having reviewed Patent Owner’s requests and the cited decisions and exhibit, we determine that entry of judgment against the Patent Owner with respect to claims 1 and 2 of the ’521 patent and claims 1–16 of the ’865 patent is appropriate.” slip op. at 2
NonePatents in suitUS 9,367,521 - Apple Inc. v. Corephotonics Ltd.Adverse judgmentPTAB · Feb 11, 2022 · IPR2018-01146 · APJ Monica S Ullagaddi · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 6 and 14 after their disclaimer, then terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“II. ANALYSIS Actions construed as 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). Here, Patent Owner has disclaimed claims 6 and 14 (along with unchallenged claims 3–5 and 8–11) of the ’712 patent under 35 U.S.C. § 253 according to the procedures set forth in 37 C.F.R. § 1.321(a). Ex. 3002, 1. We agree with Petitioner that 37 C.F.R. § 42.73(b) provides that the Board should construe Patent Owner’s statutory disclaimer to be a request that the Board enter adverse judgment against it with respect to claims 6 and 14, the only claims at issue, in this proceeding. Ex. 3001; see also Unified Patents, LLC v. Arsus, LLC, IPR2020-00948, Paper 18 at 2 (PTAB Jan. 27, 2021) (construing statutory disclaimer of all challenged claims as request for adverse judgment), aff’d, Case No. 2021- 1648, 2021 WL 5315423 (Fed. Cir. Nov. 16, 2021). Having reviewed the Disclaimer (Ex. 3002), we determine that entry of adverse judgment against Patent Owner with respect to claims 6 and 14 of the ’712 patent is appropriate. Claims 1, 2, 7, 12, 13, 15–17, and 19 are no longer part of this IPR proceeding because we made a final judgment with regard to these claims and that judgment has not been reversed or vacated. See 37 C.F.R. § 42.2 (“A decision is final only if it disposes of all necessary issues with regard to the party seeking judicial review, and does not indicate that further action is required.” (emphasis added)). As such, these claims are not “in the trial” within the meaning of 37 C.F.R. § 42.73(b)(2). The Federal Circuit remanded the Decision as to only claims 6 and 14. As such, our determination of adverse judgment does not apply to claims 1, 2, 7, 12, 13, 15–17, and 19. Patent Owner’s Disclaimer of claims 6 and 14 means that Patent Owner has no claims remaining in the present proceeding.” slip op. at 3
NonePatents in suitUS 9,568,712 - General Electric Company v. United Technologies CorporationAdverse judgmentPTAB · Dec 19, 2017 · IPR2017-00431 · APJ George R Hoskins · IPR · Adverse judgment
The Board denied termination and entered adverse judgment against Patent Owner after it disclaimed the only claim remaining in the trial, claim 9.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentDecided for petitioner
“A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). “Actions 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.” Id. § 42.73(b)(2). That is the case here, where Patent Owner has disclaimed claim 9, the only claim remaining in the present trial. Under these circumstances, entry of judgment adverse to the Patent Owner is appropriate.” slip op. at 2
NonePatents in suitUS 8,695,920 - Globus Medical, Inc. v. Flexuspine, Inc.Adverse judgmentPTAB · Jun 3, 2016 · IPR2015-01795 · APJ William V Saindon · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment and ordered cancellation of claims 1–4 of the ’386 patent.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“II. DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Also, under 37 C.F.R. § 42.73(b)(2), actions construed as a request for entry of adverse judgment include cancellation of a claim such that the party has no remaining claim in the trial. Here, Patent Owner has requested cancellation of all the claims identified for trial and expressly requested entry of adverse judgment. Paper 14. Patent Owner’s requests for cancellation of claims 1–4 of the ’386 patent and for entry of adverse judgment are granted.” slip op. at 2
NonePatents in suitUS 8,647,386 - Globus Medical, Inc. v. Flexuspine, Inc.Adverse judgmentPTAB · Jun 3, 2016 · IPR2015-01749 · APJ William V Saindon · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment and ordered claim 5 canceled after institution of trial.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“II. DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Also, under 37 C.F.R. § 42.73(b)(2), actions construed as a request for entry of adverse judgment include cancellation of a claim such that the party has no remaining claim in the trial. Here, Patent Owner has requested cancellation of all the claims identified for trial and expressly requested entry of adverse judgment. Paper 14. Patent Owner’s requests for cancellation of claim 5 of the ’853 patent and for entry of adverse judgment are granted.” slip op. at 2
NonePatents in suitUS 7,204,853
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.