- Meta Platforms, Inc. v. Sitnet LLCAdverse judgmentPTAB · Jul 15, 2026 · IPR2026-00100 · APJ Thu A Dang · IPR · Adverse judgment
The Board granted adverse judgment against SitNet after its disclaimer left no challenged claims remaining in the instituted trial.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“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). “The application of the [adverse judgment] rule on its face does not turn on the patentee’s characterization of its own request.” Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1349 (Fed. Cir. 2018). In this case, Patent Owner’s disclaimer of all claims of the ’290 patent leaves no claims remaining in the trial. Although Patent Owner argues that “it was filed to conserve the limited resources of the Board and the Parties in light of the fact that the ’290 Patent is no longer involved in any copending litigation” (Ex. 3001), we deem such argument not a persuasive reason as to why we should not apply § 42.73(b)(2), or why termination is more appropriate. Pursuant to 37 C.F.R. § 42.73(b)(2), we construe Patent Owner’s disclaimer of all claims at trial as a request for adverse judgment, which we grant.” slip op. at 3
NonePatents in suitUS 10,117,290 - Meta Platforms, Inc. v. Sitnet, LLCAdverse judgmentPTAB · Apr 18, 2025 · IPR2024-00528 · APJ Kara L Szpondowski · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment, canceled claims 1–11, 22, and 23, and terminated the IPR.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A patent owner may request 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 1–11, 22, and 23 of the ’932 patent leaves no claims remaining in the trial. Accordingly, entry of adverse judgment to Patent Owner pursuant to 37 C.F.R. § 42.73(b) is appropriate. ORDER In consideration of the foregoing, it is hereby: ORDERED that Patent Owner’s request for adverse judgment (Paper 22) is granted; FURTHER ORDERED that claims 1–11, 22, and 23 of the ’932 patent shall be cancelled;1 FURTHER ORDERED that adverse judgment is entered against Patent Owner with respect to claims 1–11, 22, and 23 of the ’932 patent pursuant to 37 C.F.R. § 42.73(b)(2);” slip op. at 2
NonePatents in suitUS 8,249,932 - Graco Children’S Products Inc. v. Kolcraft Enterprises, Inc.Adverse judgmentPTAB · Apr 14, 2017 · IPR2016-00911 · APJ Josiah C Cocks · IPR · Adverse judgment
The Board granted Kolcraft’s request for adverse judgment and ordered claims 46–50 cancelled.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“unpatentability applied to claims 46–50 of U.S. Patent No. 7,458,114 B2 (“the ’114 patent”). Paper 8, 18. Patent Owner, Kolcraft Enterprises, Inc. (“Kolcraft”), now requests judgment against itself pursuant to 37 C.F.R. § 42.73(b).1 Paper 13. As a part of that request, Kolcraft also seeks cancellation of claims 46–50 of the ’114 patent. Id. Kolcraft’s request for adverse judgment against it is granted. In so granting that request, and as sought by Kolcraft, no claims of the ’114 patent remain in this proceeding. It is ORDERED that Kolcraft’s request for adverse judgment pursuant to 37 C.F.R. § 42.73(b) is granted; FURTHER ORDERED that claims 46–50 of the ’114 patent will be cancelled;” slip op. at 2
NonePatents in suitUS 7,458,114 - American Honda Motor Co., Inc. v. Signal IP, Inc.Adverse judgmentPTAB · Apr 14, 2016 · IPR2015-01002 · APJ Josiah C Cocks · IPR · Adverse judgment
The Board granted Signal IP’s request for adverse judgment after cancellation of all claims remaining in the trial: claims 8–11, 13, 15, and 17.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“(b) Request for adverse judgment. A party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include: . . . (2) Cancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” slip op. at 2
NonePatents in suitUS 6,775,601 - Mercedes-Benz USA, LLC v. Signal IP, Inc.Adverse judgmentPTAB · Apr 14, 2016 · IPR2015-00941 · APJ Josiah C Cocks · IPR · Adverse judgment
The Board entered adverse judgment against Signal IP after cancellation of all challenged claims 8–11, 13, 15, and 17.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“(b) Request for adverse judgment. A party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include: . . .” slip op. at 2
NonePatents in suitUS 6,775,601 - American Honda Motor Co., Inc. / Honda Of Amercia Mfg., Inc. et al. v. Signal IP, Inc.Adverse judgmentPTAB · Nov 24, 2015 · IPR2015-01005 · APJ Charles J Boudreau · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1, 2, 6-9, 13, 14, 21, 22, 26-29, 33, and 34 after cancellation and disclaimer left no trial claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“proceeding. 37 C.F.R. § 42.73(b). Under the Rules, actions construed as a request for entry of 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, claims 21, 26, and 28 of the ’486 patent were cancelled in Reexamination Certificate US 6,434,486 C1 (Ex. 2004), and Patent Owner subsequently disclaimed, under 37 C.F.R. § 1.321, claims 1, 2, 6–9, 13, 14, 22, 23, 27, 29, 30, 33, 34, and 35 of the ’486 patent (Ex. 2005). 1 Patent Owner filed copies of the reexamination certificate and statutory disclaimer referenced in its Updated Notices as Exhibits 2004 and 2005, respectively. Paper 11, 2. Because Patent Owner disclaimed, inter alia, claims 1, 2, 6–9, 13, 14, 22, 27, 29, 33, and 34 of the ’486 patent, constituting all of the claims involved in this trial that had not already been cancelled in the reexamination certificate, we construe Patent Owner’s statutory disclaimer as a request for entry of adverse judgment.” slip op. at 2
NonePatents in suitUS 6,434,486 - Mercedes-Benz USA, LLC v. Signal IP, Inc.Adverse judgmentPTAB · Nov 24, 2015 · IPR2015-00890 · APJ Charles J Boudreau · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 21, 23, 26–28, 30, 34, and 35 after cancellation and disclaimer left no instituted claims remaining.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“proceeding. 37 C.F.R. § 42.73(b). Under the Rules, actions construed as a request for entry of 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, claims 21, 26, and 28 of the ’486 patent were cancelled in Reexamination Certificate US 6,434,486 C1 (Ex. 2004), and Patent Owner subsequently disclaimed, under 37 C.F.R. § 1.321, claims 1, 2, 6–9, 13, 14, 22, 23, 27, 29, 30, 33, 34, and 35 of the ’486 patent (Ex. 2005). 1 Patent Owner filed copies of the reexamination certificate and statutory disclaimer referenced in its Updated Notices as Exhibits 2004 and 2005, respectively. Paper 13, 2. Because Patent Owner disclaimed, inter alia, claims 23, 27, 30, 34, and 35 of the ’486 patent, constituting all of the claims involved in this trial that had not already been cancelled in the reexamination certificate, we construe Patent Owner’s statutory disclaimer as a request for entry of adverse judgment.” slip op. at 2
NonePatents in suitUS 6,434,486 - PTAB · Mar 21, 2014 · IPR2013-00122 · APJ Georgianna W Braden · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner, granted cancellation of claims 1–6, and terminated the inter partes review.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under 35 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Furthermore, 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. Patent Owner has not only requested cancellation of all claims involved in this inter partes review, such that after the cancellation it will have no remaining claim in the trial, but also expressly requested entry of adverse judgment. Patent Owner’s request to cancel claims 1-6 and request for entry of adverse judgment are granted.” slip op. at 2
NonePatents in suitUS 7,909,641 - PTAB · Feb 19, 2014 · IPR2013-00149 · APJ Sally C Medley · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment, entering judgment against Patent Owner and cancelling claims 1-3, 8, 10, 16-19, 21, 25-33, 35, and 36.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“JUDGMENT Request for Adverse Judgment 35 C.F.R. § 42.73(b) On February 14, 2014, Patent Owner filed a paper requesting adverse judgment along with a disclaimer of claims 1-3, 8, 10, 16-19, 21, 25-33, 35, and 36, all of the claims involved in this proceeding. Paper 24; Ex. 2004. Patent Owner’s disclaimer of claims 1-3, 8, 10, 16-19, 21, 25-33, 35, and 36, all of the claims involved in the proceeding, is construed as a request for entry of adverse judgment. 37 C.F.R. § 42.73(b)(2). The request is granted. Accordingly, it is ORDERED that Patent Owner’s request for adverse judgment is granted; FURTHER ORDERED that judgment is herein entered against Patent Owner with respect to claims 1-3, 8, 10, 16-19, 21, 25-33, 35, and 36; FURTHER ORDERED that claims 1-3, 8, 10, 16-19, 21, 25-33, 35, and 36 are herein cancelled; and” slip op. at 1
NonePatents in suitUS 6,455,138
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.