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18 decisions · 430msnewest first
  • PTAB · Mar 21, 2025 · IPR2024-00916 · APJ Hyun J Jung · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner based on abandonment of the contest and cancelled claims 1–24 of the ’637 patent.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “judgment include . . . [a]bandonment of the contest.” 37 C.F.R. § 42.73(b)(4). Patent Owner’s failure to file mandatory notices, a preliminary response, a response to the Petition, and a response to the Order to Show Cause and failure to take any other substantive action are consistent with abandonment of the contest. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the challenged claims are appropriate.” slip op. at 3

    None
    Patents in suitUS 7,480,637
  • PTAB · Mar 21, 2025 · IPR2024-00915 · APJ Hyun J Jung · IPR · Adverse judgment

    The Board entered adverse judgment against Jabaa, L.L.C. after abandonment of the contest and cancelled claims 1–24 of the ’637 patent.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “judgment include . . . [a]bandonment of the contest.” 37 C.F.R. § 42.73(b)(4). Patent Owner’s failure to file mandatory notices, a preliminary response, a response to the Petition, and a response to the Order to Show Cause and failure to take any other substantive action are consistent with abandonment of the contest. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the challenged claims are appropriate.” slip op. at 3

    None
    Patents in suitUS 7,480,637
  • PTAB · Jul 17, 2023 · IPR2022-01404 · APJ Hyun J Jung · IPR · Adverse judgment

    The Board entered adverse judgment against Valmarc for claims 1–34; those claims were cancelled after Patent Owner requested judgment.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “A party may request [adverse] judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Having reviewed Patent Owner’s request, we determine that entry of judgment against Patent Owner with respect to claims 1–34 of U.S. Patent No. 8,063,736 B2 is appropriate. ORDER Accordingly, it is: ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1–34 of U.S. Patent No. 8,063,736 B2; slip op. at 2

    None
    Patents in suitUS 8,063,736
  • PTAB · Jul 17, 2023 · IPR2022-01403 · APJ Hyun J Jung · IPR · Adverse judgment

    The Board entered adverse judgment against Valmarc for claims 1–15; those claims were cancelled after the Patent Owner requested judgment.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “A party may request [adverse] judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Having reviewed Patent Owner’s request, we determine that entry of judgment against Patent Owner with respect to claims 1–15 of U.S. Patent No. 7,852,195 B2 is appropriate. ORDER Accordingly, it is: ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1–15 of U.S. Patent No. 7,852,195 B2; FURTHER ORDERED that claims 1–15 of U.S. Patent No. 7,852,195 B2 are cancelled; and FURTHER ORDERED that this Order constitutes a final written decision under 35 U.S.C. § 318(a). slip op. at 2

    None
    Patents in suitUS 7,852,195
  • PTAB · Feb 17, 2023 · PGR2022-00046 · APJ Robert L Kinder · PGR · Adverse judgment

    The Board entered adverse judgment against Patent Owner after it disclaimed the sole challenged claim, which the Board cancelled.

    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.” Id.” slip op. at 3

    None
  • PTAB · Jan 9, 2023 · IPR2022-00542 · APJ Hyun J Jung · IPR · Adverse judgment

    The Board entered adverse judgment against Ginegar on claims 1–16 of the ’865 patent after its request and disclaimer; those claims are cancelled.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “A party may request adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Having reviewed Patent Owner’s requests and the cited decisions and exhibit, we determine that entry of judgment against the Patent Owner with respect to claims 1 and 2 of the ’521 patent and claims 1–16 of the ’865 patent is appropriate. ORDER Accordingly, it is: ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1 and 2 of U.S. Patent No. 9,367,521 B2 and claims 1–16 of U.S. Patent No. 9,760,865 B2; FURTHER ORDERED that claims 1 and 2 of U.S. Patent No. 9,367,521 B2 and claims 1–16 of U.S. Patent No. 9,760,865 B2 are cancelled; and FURTHER ORDERED that this Order constitutes a final written decision under 35 U.S.C. § 318(a) for each of the captioned proceedings.” slip op. at 2

    None
    Patents in suitUS 9,760,865
  • PTAB · Jan 9, 2023 · IPR2022-00541 · APJ Hyun J Jung · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner and cancelled claims 1–2 of the ’521 patent and claims 1–16 of the ’865 patent.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “A party may request adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Having reviewed Patent Owner’s requests and the cited decisions and exhibit, we determine that entry of judgment against the Patent Owner with respect to claims 1 and 2 of the ’521 patent and claims 1–16 of the ’865 patent is appropriate.” slip op. at 2

    None
    Patents in suitUS 9,367,521
  • PTAB · Dec 19, 2017 · IPR2017-00431 · APJ George R Hoskins · IPR · Adverse judgment

    The Board denied termination and entered adverse judgment against Patent Owner after it disclaimed the only claim remaining in the trial, claim 9.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentDecided for petitioner

      “A party may request entry of adverse 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 . . . [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Id. § 42.73(b)(2). That is the case here, where Patent Owner has disclaimed claim 9, the only claim remaining in the present trial. Under these circumstances, entry of judgment adverse to the Patent Owner is appropriate.” slip op. at 2

    None
    Patents in suitUS 8,695,920
  • PTAB · Aug 25, 2017 · IPR2016-01634 · APJ Meredith C Petravick · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1–11 after their cancellation and Patent Owner’s abandonment of the contest.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Actions construed to be 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)(2). Ex Parte Reexamination Certificate No. 9,187,921 C1, canceling claims 1–11 of the ’921 patent, issued on July 24, 2017. Ex. 3001; see Paper 14 (memorializing a conference call during which Patent Owner indicated that it was allowing the claims to be canceled in the reexamination intentionally). Claims 1–11 are all of the claims of the ’921 patent and all claims at issue in this inter partes review. Cancellation of claims 1–11 is construed as a request for adverse judgment. Additionally, “[a]ctions construed to be a request for adverse judgment include: . . . [a]bandonment of the contest.” 37 C.F.R. § 42.73(b)(4). Patent Owner did not file a Patent Owner’s Response or a Motion to Amend in this inter partes review by the May 17, 2017 deadline, set in the Scheduling Order (Paper 13), and did not file a paper in response to the Order to Show Cause by the August 22, 2017 deadline. Patent Owner’s lack of response is consistent with abandonment of the contest. Abandonment of the contest is construed as a request for adverse judgement. slip op. at 2

    None
    Patents in suitUS 9,187,921
  • PTAB · Jun 3, 2016 · IPR2015-01795 · APJ William V Saindon · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment and ordered cancellation of claims 1–4 of the ’386 patent.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “II. DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Also, 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. Here, Patent Owner has requested cancellation of all the claims identified for trial and expressly requested entry of adverse judgment. Paper 14. Patent Owner’s requests for cancellation of claims 1–4 of the ’386 patent and for entry of adverse judgment are granted.” slip op. at 2

    None
    Patents in suitUS 8,647,386
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