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  • PTAB · Jan 24, 2025 · IPR2024-00276 · APJ Michael J Fitzpatrick · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on all challenged claims, 1–3, 6, 12, 14, 16, 18, and 19, after their disclaimer, and terminated the IPR.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Request For Adverse Judgment. Paper 21 (“Mot.”). In the Joint Motion, the parties “jointly move to terminate the present inter partes review proceeding in light of the disclaimer filed by Patent Owner disclaiming all challenged claims.” Mot. 1 (citing 37 C.F.R. § 42.73; Ex. 2001). The cited exhibit is a disclaimer, filed October 24, 2024, under 37 C.F.R. § 1.321(a), of claims 1–3, 6, 12, 14, 16, 18, and 19 of the ’194 patent, which constitute all of the claims challenged in the inter partes review. Ex. 2001. In view of the disclaimer, “Patent Owner requests entry of adverse judgment as to [the challenged and now disclaimed] claims.” Mot. 1. We grant the Motion. Accordingly, it is: ORDERED that adverse judgment is entered against Patent Owner as” slip op. at 2

    None
    Patents in suitUS 9,415,194
  • PTAB · Jan 24, 2025 · IPR2024-00275 · APJ Michael J Fitzpatrick · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on all challenged, disclaimed claims and terminated the inter partes review.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “C.F.R. § 1.321(a), of claims 9, 14, 16, 18, 20, 22–24, 44, and 46 of the ’597 patent, which constitute all of the claims challenged in the inter partes review. Ex. 2001. In view of the disclaimer, “Patent Owner requests entry of adverse judgment as to [the challenged and now disclaimed] claims.” Mot. 1. We grant the Motion. Accordingly, it is: ORDERED that adverse judgment is entered against Patent Owner as to claims 9, 14, 16, 18, 20, 22–24, 44, and 46 of U.S. Patent No. 9,072,597 B2; and FURTHER ORDERED that the inter partes review is terminated.” slip op. at 2

    None
    Patents in suitUS 9,072,597
  • PTAB · Aug 28, 2024 · IPR2023-01347 · APJ Sheridan K Snedden · IPR · Adverse judgment

    The Board granted Patent Owner’s unopposed request for adverse judgment and cancelled claim 16 after Patent Owner disclaimed all interest in it.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “DISCUSSION Under 37 C.F.R. § 42.73(b), “[a] party may request judgment against itself at any time during a proceeding.” While the motion for adverse judgment was initiated by Petitioner, Patent Owner does not oppose the motion and the record shows that Patent Owner has disclaimed all interest in claim 161 such that Patent Owner has no remaining claim in the trial, actions that are construed to be a request for adverse judgment. Id.” slip op. at 3

    None
    Patents in suitUS 10,633,344
  • PTAB · Jul 1, 2024 · IPR2023-00810 · APJ Jeffrey W Abraham · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1–30 after it disclaimed the entire term of the patent.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “The Board construes the disclaimer of a patent as a request for adverse judgment. 37 C.F.R. § 42.73(b)(1) (“Actions construed to be a request for adverse judgment include . . . [d]isclaimer of the involved . . . patent.”). In this case, the Board instituted trial on claims 1–30 of the ’971 patent, and Patent Owner subsequently filed a disclaimer of the entire term of the ’971 Patent. Ex. 2002. Accordingly, we construe Patent Owner’s disclaimer as a request for adverse judgment, and we grant that request.” slip op. at 2

    None
    Patents in suitUS 11,376,971
  • PTAB · May 21, 2024 · IPR2024-00222 · APJ Garth D Baer · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1–3, 6–23, and 25–33 based on abandonment of the contest.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Petition (Paper 2), requesting an inter partes review of claims 1–3, 6–23, and 25–33 of U.S. Patent No. 9,643,506 (Ex. 1001, “the ’506 patent”). Shenzhen Carku Technology Co. (“Patent Owner”) did not file mandatory notices despite its obligation to do so under our rules. See 37 C.F.R. § 42.8(b). In addition, the Board emailed the attorney of record listed on the ’506 patent as well as the attorney listed in the Petition’s certificate of service, but has not received any response. See Ex. 1003. Pursuant to our rules, “[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’s failure to file mandatory notices and its failure to respond to the Board’s email is consistent with abandonment of the contest. Accordingly, it is ORDERED that adverse judgment is entered against Patent Owner as to claims 1–3, 6–23, and 25–33 of the ’506 patent; and” slip op. at 2

    None
    Patents in suitUS 9,643,506
  • PTAB · Nov 19, 2015 · IPR2015-00713 · APJ Jon B Tornquist · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment and cancelled claims 1, 2, 8, 9, 23, 24, 30, and 31.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “proceeding. 37 C.F.R. § 42.73(b). Actions construed to be a request for adverse judgment include disclaimer of the involved application or patent and cancellation or disclaimer of a claim such that the party has no remaining claim in the trial. Id. In light of Patent Owner’s disclaimer of claims 1–44 of the ’077 patent, we determine that entry of judgment against Patent Owner with respect to claims 1, 2, 8, 9, 23, 24, 30, and 31 of the ’077 patent is appropriate.” slip op. at 2

    None
    Patents in suitUS 7,035,077
  • PTAB · Oct 29, 2015 · IPR2014-00948 · APJ Jon B Tornquist · IPR · Adverse judgment

    The Board granted Patent Owner’s adverse-judgment motion, entered judgment against Patent Owner, and cancelled claims 2, 22, 23, and 25.

    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). “Judgment” is defined as “a final written decision by the Board, or a termination of a proceeding.” 37 C.F.R. § 42.2. Although Patent Owner uses the term “termination” in its Motion, it did not submit the Motion under 37 C.F.R. § 42.72 and it did not explain why termination is appropriate in this circumstance. See 37 C.F.R. § 42.72 (noting that the Board may terminate a trial without rendering a final written decision “where appropriate,” such as when the trial is consolidated with another proceeding or pursuant to a settlement under 35 U.S.C. § 317(a)). Under the circumstances presented here, we see no reason not to grant Patent Owner’s Motion. Additionally, for the reasons discussed above, this Decision is a Final Written Decision, not a termination of the proceeding.1” slip op. at 3

    None
    Patents in suitUS 6,370,371
  • PTAB · Oct 29, 2015 · IPR2014-00947 · APJ Jon B Tornquist · IPR · Adverse judgment

    The Board granted Patent Owner’s motion for adverse judgment and cancelled claims 1, 23, 25, 161, 193, and 202.

    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). “Judgment” is defined as “a final written decision by the Board, or a termination of a proceeding.” 37 C.F.R. § 42.2. Although Patent Owner uses the term “termination” in its Motion, it did not submit the Motion under 37 C.F.R. § 42.72 and did not explain why termination is appropriate in this circumstance. See 37 C.F.R. § 42.72 (noting that the Board may terminate a trial without rendering a final written decision “where appropriate,” such as when the trial is consolidated with another proceeding or pursuant to a settlement under 35 U.S.C. § 317(a)). Under the circumstances presented here, we see no reason not to grant Patent Owner’s Motion. Additionally, for the reasons discussed above, this Decision is a Final Written Decision, not a termination of the proceeding.1” slip op. at 3

    None
    Patents in suitUS 6,061,551
  • PTAB · Oct 29, 2015 · IPR2014-00946 · APJ Bart A Gerstenblith · IPR · Adverse judgment

    The Board granted Patent Owner’s motion for adverse judgment and cancelled claims 1, 82, 90, and 91.

    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). “Judgment” is defined as “a final written decision by the Board, or a termination of a proceeding.” 37 C.F.R. § 42.2. Although Patent Owner uses the term “termination” in its Motion, it did not submit the Motion under 37 C.F.R. § 42.72 and did not explain why termination is appropriate in this circumstance. See 37 C.F.R. § 42.72 (noting that the Board may terminate a trial without rendering a final written decision “where appropriate,” such as when the trial is consolidated with another proceeding or pursuant to a settlement under 35 U.S.C. § 317(a)). Under the circumstances presented here, we see no reason not to grant Patent Owner’s Motion. Additionally, for the reasons discussed above, this Decision is a Final Written Decision, not a termination of the proceeding.1” slip op. at 3

    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted

      “(collectively, “Petitioner”) filed a Petition for inter partes review of U.S. Patent No. 6,266,518 B1 (“the ’518 patent”). Paper 1. ParkerVision, Inc. (“Patent Owner”) filed a Preliminary Response on September 24, 2014. Paper 7. On December 18, 2014, we instituted this inter partes review of claims 1, 82, 90, and 91 of the ’518 patent. Paper 8.” slip op. at 2

    None
    Patents in suitUS 6,266,518
  • PTAB · Jan 14, 2015 · IPR2014-01461 · APJ Jon B Tornquist · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment, entered judgment against it on claims 1–20, and cancelled those claims.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “A party1 may request judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Although not titled as such, we interpret Patent Owner’s Preliminary Response as a request for adverse judgment under 37 C.F.R. § 42.73(b). Accordingly, it is ORDERED that Patent Owner’s request for judgment against itself is granted; FURTHER ORDERED that judgment is entered against Patent Owner under 37 C.F.R. § 42.73(b) with respect to claims 1–20 of U.S. Patent No. 7,244,279; and FURTHER ORDERED that claims 1–20 of U.S. Patent No. 7,244,279 are CANCELLED.” slip op. at 2

    None
    Patents in suitUS 7,244,279
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