- 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 - Splunk Inc. v. Sable Networks, Inc.Adverse judgmentPTAB · Aug 3, 2022 · IPR2021-01469 · APJ Garth D Baer · IPR · Adverse judgment
The Board granted Patent Owner’s motion for adverse judgment, entering judgment against it on claims 9, 10, 19, and 26.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Rule 42.73(b) permits a party to “request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Under these circumstances, we grant Patent Owner’s Unopposed Motion for Adverse Judgment. ORDER It is: ORDERED that Patent Owner’s Motion for adverse judgment (Paper 16) is GRANTED, and FURTHER ORDERED that judgment is entered against Patent Owner with respect to claims 9, 10, 19, and 26 of the ’790 patent.” slip op. at 2
NonePatents in suitUS 8,817,790 - Cloudflare, Inc. v. Sable Networks, Inc.Adverse judgmentPTAB · Jun 13, 2022 · IPR2021-00969 · APJ Juliet Mitchell Dirba · IPR · Adverse judgment
After Patent Owner disclaimed all claims, the Board entered adverse judgment against Patent Owner and terminated the IPR.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Our rules state that “disclaimer of a claim such that a party has no remaining claim in the trial” is “construed to be a request for adverse judgment.” 37 C.F.R. § 42.73(b). Patent Owner disclaimed all of the claims of the ’932 patent, and no claims remain in this proceeding. Therefore, adverse judgment is appropriate. See id.; see also Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1349 (Fed. Cir. 2018) (“[Rule 42.73(b)] gives the Board authority to construe a patent owner’s actions as a request for an adverse judgment.”).” slip op. at 3
NonePatents in suitUS 6,977,932
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.