- 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 - Spectrum Solutions LLC v. Dna Genotek Inc.Adverse judgmentPTAB · Jan 11, 2023 · IPR2022-00774 · APJ Erica A Franklin · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment, canceled claims 1–18, entered judgment against Patent Owner, and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Adverse Judgment, Paper 10. “A party may request judgment against itself at any time during a proceeding.” 37 C.F.R § 42.73(b). In the filing, Patent Owner explains that it submits the request for entry of adverse judgment against itself “pursuant to 37 C.F.R. § 42.73(b)(2) (allowing a party to request an adverse judgment at any time by ‘[c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial’).” Paper 10, 1. Patent Owner has not identified a statutory disclaimer filed under 35 U.S.C. § 253(a) in compliance with 37 C.F.R. § 1.321(a). Accordingly, we understand that Patent Owner’s request for adverse judgment is not based upon a disclaimer, but instead a request that we cancel claims 1–18 of the ’795 patent, such that no claims will remain in the proceeding. Additionally, we note that Patent Owner explains that Petitioner does not oppose the request for adverse judgment. Id. In consideration of the foregoing, it is hereby: ORDERED that Patent Owner’s Request for Adverse Judgment against itself under 37 C.F.R § 42.73(b)(2) with respect to IPR2022-00774 (and cancelling claims 1–18 of the ’795 patent) is granted;” slip op. at 2
NonePatents in suitUS 10,000,795 - 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 - Symantec Corporation v. Rpost Communications LimitedAdverse judgmentPTAB · Nov 7, 2014 · IPR2014-00357 · APJ Thomas L Giannetti · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner after it cancelled claims 9–20, the only claims instituted for review.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Here, Patent Owner has cancelled each claim for which inter partes review has been instituted, and thus Patent Owner has no remaining claim in the trial. Id. § 42.73(b)(2). Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims as requested is appropriate.” slip op. at 2
NonePatents in suitUS 8,468,199 - PTAB · Sep 16, 2014 · IPR2013-00571 · APJ Brian J Mcnamara · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment, cancelled claims 15, 55, 57, 58, and 60-63, and terminated both joined proceedings.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request judgment against itself at any time during a proceeding, including by cancelling claims, such that the party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Patent Owner has cancelled all the claims challenged in these joined proceedings.” slip op. at 2
NonePatents in suitUS 8,135,398 - Texas Instruments Incorporated / Samsung Electronics Co., Ltd. v. Unifi Scientific Batteries, LLCAdverse judgmentPTAB · Jun 13, 2014 · IPR2013-00236 · APJ Justin T Arbes · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment and entered judgment against it on claims 1 and 4-18.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Pursuant to 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Cancellation or disclaimer 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). Patent Owner has disclaimed all of the claims of the ’298 patent on which a trial was instituted in the instant proceedings, such that after the disclaimer, it will have no remaining claim in either trial.” slip op. at 2
NonePatents in suitUS 6,791,298 - Texas Instruments Incorporated / Samsung Electronics Co., Ltd. v. Unifi Scientific Batteries, LLCAdverse judgmentPTAB · Jun 13, 2014 · IPR2013-00213 · APJ Justin T Arbes · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment and entered judgment against it on claims 1 and 4-18.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Pursuant to 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Cancellation or disclaimer 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). Patent Owner has disclaimed all of the claims of the ’298 patent on which a trial was instituted in the instant proceedings, such that after the disclaimer, it will have no remaining claim in either trial. In consideration of the foregoing, it is hereby: ORDERED that Patent Owner’s request for adverse judgment under 37 C.F.R. § 42.73(b) in each proceeding is granted; and FURTHER ORDERED that judgment is entered against Patent Owner with respect to claims 1 and 4-18 of the ’298 patent.” slip op. at 2
NonePatents in suitUS 6,791,298
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