- 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 - Polygroup Services N.A., Inc. v. Willis Electric Co., Ltd.Adverse judgmentPTAB · Dec 17, 2021 · IPR2021-00489 · APJ Jeffrey W Abraham · IPR · Adverse judgment
The Board granted Patent Owner’s unopposed request for adverse judgment and terminated the IPR.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“II. DISCUSSION Under 37 C.F.R. § 42.73(b), “[a] party may request judgment against itself at any time during a proceeding.” As permitted by this Rule, Patent Owner has explicitly asked the Board to enter adverse judgment against Patent Owner under 37 C.F.R. § 42.73(b). Paper 11, 1. Having reviewed Patent Owner’s unopposed request for adverse judgment, we determine that entry of judgment against Patent Owner is appropriate. Thus, we grant the request for adverse judgment pursuant to 37 C.F.R. § 42.73(b). III. ORDER Accordingly, it is ORDERED that adverse judgment is entered against Patent Owner and this inter partes review is terminated pursuant to 37 C.F.R. § 42.73(b).” slip op. at 2
NonePatents in suitUS 9,671,097 - Lintec Corporation v. Nitto Denko CorporationAdverse judgmentPTAB · Aug 31, 2015 · IPR2015-00385 · APJ Grace Karaffa Obermann · IPR · Adverse judgment
The Board granted Patent Owner’s unopposed motion for adverse judgment after Patent Owner disclaimed claims 1–5.
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). No motion to amend the claims is pending. Patent Owner has requested cancellation of each claim for which this review was instituted. Paper 14, Appendix A. Under these circumstances, Patent Owner’s Unopposed Motion for Adverse Judgment is granted and judgment adverse to Patent Owner is entered. This constitutes a final written decision under 35 U.S.C. § 318(a). It is ORDERED that Patent Owner’s Unopposed Motion for Adverse Judgment is granted; FURTHER ORDERED that adverse judgment against Patent Owner is entered under 37 C.F.R. § 42.73(b); and FURTHER ORDERED that this constitutes a final written decision under 35 U.S.C. § 318(a).” slip op. at 2
NonePatents in suitUS 8,237,294 - Mercedes-Benz USA, LLC / Mercedes-Benz U.S. International, Inc. v. Velocity Patent LLCAdverse judgmentPTAB · Jan 6, 2015 · IPR2014-01247 · APJ Peter P Chen · IPR · Adverse judgment
The Board granted Patent Owner’s request to cancel challenged claims 31 and 32 and entered adverse judgment against Patent Owner before institution.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“of claims 31 and 32 (Paper 19). Under 37 C.F.R. § 42.73(b), cancellation of all challenged claims leaving no remaining claims for trial is construed as a request for entry of adverse judgment. ORDER Accordingly, it is ORDERED that Patent Owner’s request to cancel claims 31 and 32 of U.S. Patent No. 5,954,781, is granted; and FURTHER ORDERED that adverse judgment is entered herein against Patent Owner.” slip op. at 2
NonePatents in suitUS 5,954,781 - PTAB · Sep 16, 2014 · IPR2013-00571 · APJ Brian J Mcnamara · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment, cancelled claims 15, 55, 57, 58, and 60-63, and terminated both joined proceedings.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request judgment against itself at any time during a proceeding, including by cancelling claims, such that the party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Patent Owner has cancelled all the claims challenged in these joined proceedings.” slip op. at 2
NonePatents in suitUS 8,135,398 - Toyota Motor Corporation v. American Vehicular Sciences LLCAdverse judgmentPTAB · Apr 1, 2014 · IPR2013-00421 · APJ Michael W Kim · IPR · Adverse judgment
The Board granted the Patent Owner’s request for adverse judgment and ordered claims 1, 2, 5, and 6 unpatentable.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). No Patent Owner response or motion to amend has been filed and the deadline for filing such papers has passed. Under these circumstances, the Request for Entry of Adverse Judgment is appropriate. CONCLUSION The Patent Owner’s Request for Entry of Adverse Judgment is herein granted.” slip op. at 2
NonePatents in suitUS 7,359,782 - ZTE Corporation / ZTE (USA) Inc. v. Contentguard Holdings Inc.Adverse judgmentPTAB · Aug 6, 2013 · IPR2013-00134 · APJ Jameson Lee · IPR · Adverse judgment
The Board granted ContentGuard’s request for adverse judgment and cancellation of claims 12-22 and 30-38 of Patent 7,225,160.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Discussion Under 35 U.S.C. § 42.73(b), a party may request judgment against itself at any time during a proceeding. 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. ContentGuard has not only requested cancellation of all claims involved in this inter partes review, such that after the cancellation it will have no remaining claim in the trial, but also expressly requested entry of adverse judgment.” slip op. at 2
NonePatents in suitUS 7,225,160 - Oracle Corporation v. Clouding IP, LLCAdverse judgmentPTAB · Jul 22, 2013 · IPR2013-00321 · APJ Joni Y Chang · IPR · Adverse judgment
The Board granted the joint motion and terminated the proceeding as to all parties before deciding whether to institute inter partes review.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“As no trial has been instituted based on Oracle’s petition, this proceeding is in the preliminary proceeding stage.1 Based on the facts of this case, it is appropriate to enter judgment.2 Accordingly, it is ORDERED that the joint motion to terminate IPR2013-00321 is GRANTED, and this proceeding is hereby terminated as to all parties including petitioner Oracle and patent owner Clouding; and” slip op. at 3
NonePatents in suitUS 6,631,449
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.