- 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 · Jan 2, 2024 · IPR2023-00856 · APJ John R Kenny · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–20 after it requested to abandon the contest, and terminated the three related IPR proceedings.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Thus, we grant Patent Owner’s Request. ORDER Accordingly, it is ORDERED that judgment is entered under 37 C.F.R. § 42.73(b)(4) against Patent Owner with respect to claims 1–20 of U.S. Patent No. 11,026,232 B2; and slip op. at 2
NonePatents in suitUS 11,026,232 - AT&T Corp., AT&T Communications LLC, AT&T Mobility LLC, AT&T Mobility II LLC, AT&T Services Inc., And T-Mobile USA, Inc. v. Dali Wireless, Inc.Adverse judgmentPTAB · Jan 2, 2024 · IPR2023-00844 · APJ John R Kenny · IPR · Adverse judgment
The Board entered adverse judgment against Dali Wireless on claims 1–20 after it requested to abandon the contest, and terminated the three related IPR proceedings.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Thus, we grant Patent Owner’s Request. slip op. at 2
NonePatents in suitUS 11,026,232 - PTAB · Jan 2, 2024 · IPR2022-01242 · APJ John R Kenny · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–20 after it requested to abandon the contest, and terminated the related IPR proceedings.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Thus, we grant Patent Owner’s Request. ORDER Accordingly, it is ORDERED that judgment is entered under 37 C.F.R. § 42.73(b)(4) against Patent Owner with respect to claims 1–20 of U.S. Patent No. 11,026,232 B2; and slip op. at 2
NonePatents in suitUS 11,026,232 - 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 - 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 - Quantum Metric, Inc. / Decibel Insight, Ltd. et al. v. Content Square Israel Ltd. (F/K/A Clicktale Ltd.)Adverse judgmentPTAB · Jan 19, 2022 · IPR2021-00416 · APJ Steven M Amundson · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner after it requested judgment following cancellation of claims 1–20 in a reissue application, 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)(2). Because Patent Owner requests adverse judgment and Petitioner does not oppose, the entry of judgment adverse to Patent Owner is appropriate.” slip op. at 2
NonePatents in suitUS 10,079,737 - PTAB · Apr 4, 2016 · IPR2015-01469 · APJ Karl D Easthom · IPR · Adverse judgment
The Board entered adverse judgment against Gold Charm Limited and ordered claims 1 and 5 cancelled after Patent Owner abandoned the contest.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“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 requested to abandon the contest, which would be construed as a request for adverse judgment even apart from Patent Owner’s explicit request for adverse judgment. Id. § 42.73(b)(4). Under these circumstances, entry of judgment adverse to the Patent Owner and cancellation of claims 1 and 5 of the ʼ163 patent are appropriate. Patent Owner’s request for adverse judgment is granted.” slip op. at 2
NonePatents in suitUS 5,870,163 - Opower Inc. v. Cleantech Business Solutions, LLCAdverse judgmentPTAB · Nov 25, 2015 · CBM2014-00155 · APJ Karl D Easthom · CBM · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–16 after Patent Owner disclaimed all claims in the trial.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“proceeding. 37 C.F.R. § 42.73(b). 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, Patent Owner has disclaimed, under 37 C.F.R. § 1.321, claims 1–16, all claims involved in this trial. Paper 28. The statutory disclaimer constitutes a request for entry of adverse judgment.1 III. CONCLUSION Entry of judgment against Patent Owner with respect to claims 1–16 of the ’245 patent is appropriate.” slip op. at 2
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Denied
“1 During a telephone conference on November 17, 2015, which included counsel for both parties and the panel, counsel for Petitioner stated he did not object to the request for adverse judgment, but requested that the panel issue with this judgment findings of fact and legal determinations arising from papers of record. Petitioner expressed a concern over a potential for duplicated efforts in ongoing reissue proceedings involving the ’245 patent. We exercise our discretion and decline the request to supplement the record. See 37 C.F.R. § 42.73(d) (3) (i) (precluding Patent Owner from obtaining claims that are not “patentably distinct from a finally refused or canceled claim”).” slip op. at 3
NonePatents in suitUS 8,489,245
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.