- Luxottica Of America Inc. v. E-Vision Smart Optics, Inc.Adverse judgmentPTAB · Mar 31, 2026 · IPR2025-00216 · APJ John D Hamann · IPR · Adverse judgment
The Board granted the Patent Owner’s request for adverse judgment after disclaimer of claims 1–20.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Our Rules provide that “[a] party may request judgment against itself at any time during a proceeding,” and that “[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). Such is the case here. Thus, we grant Patent Owner’s unopposed Request for Adverse Judgment.” slip op. at 2
NonePatents in suitUS 11,487,138 - Intex Recreation Corp. v. Bestway Inflatables And Material Corp.Adverse judgmentPTAB · Jan 29, 2024 · IPR2023-00488 · APJ Kimberly Mcgraw · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment, cancelled claims 3–15 and 17, and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“II. ANALYSIS 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 cancellation of patent claims such that a party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Patent Owner’s request to cancel claims 3–15 and 17 of the ’633 patent leaves no claim remaining in the trial. Accordingly, entry of adverse judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b) is appropriate.” slip op. at 2
NonePatents in suitUS 10,687,633 - Intex Recreation Corp. v. Bestway Inflatables And Material Corp.Adverse judgmentPTAB · Jan 29, 2024 · IPR2023-00486 · APJ Kimberly Mcgraw · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment and cancelled claims 1, 2, 16, 19, and 20 under 37 C.F.R. § 42.73(b).
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“II. ANALYSIS 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 cancellation of patent claims such that a party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Patent Owner’s request to cancel claims 1, 2, 16, 19, and 20 of the ’633 patent leaves no claim remaining in the trial. Accordingly, entry of adverse judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b) is appropriate.” slip op. at 2
NonePatents in suitUS 10,687,633 - Developmental Technologies, LLC v. E. M. P. Enterprises, Inc.Adverse judgmentPTAB · Sep 6, 2022 · IPR2021-01534 · APJ Richard H Marschall · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed claims 1–18, and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“The Board’s rules provide that “[a] party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). In addition, “[a]ctions construed to be a request for adverse judgment include . . . disclaimer of a claim such that the party has no remaining claim in the trial.” 37 C.F.R. § 42.73(b)(2). Because Patent Owner requests adverse judgment and disclaimed all claims of the ’956 patent, we grant Patent Owner’s request for adverse judgment.” slip op. at 2
NonePatents in suitUS 10,091,956 - Mercedes-Benz USA, LLC / Mercedes-Benz U.S. International, Inc. v. Velocity Patent LLCAdverse judgmentPTAB · Jan 6, 2015 · IPR2014-01247 · APJ Peter P Chen · IPR · Adverse judgment
The Board granted Patent Owner’s request to cancel challenged claims 31 and 32 and entered adverse judgment against Patent Owner before institution.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“of claims 31 and 32 (Paper 19). Under 37 C.F.R. § 42.73(b), cancellation of all challenged claims leaving no remaining claims for trial is construed as a request for entry of adverse judgment. ORDER Accordingly, it is ORDERED that Patent Owner’s request to cancel claims 31 and 32 of U.S. Patent No. 5,954,781, is granted; and FURTHER ORDERED that adverse judgment is entered herein against Patent Owner.” slip op. at 2
NonePatents in suitUS 5,954,781
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.