- 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 - 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 - 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 - 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 - 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
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