- Parhelion, Inc. v. Streamlight, Inc.Adverse judgmentPTAB · Aug 31, 2020 · PGR2020-00062 · APJ Wesley B Derrick · PGR · Adverse judgment
The Board entered adverse judgment against Streamlight and cancelled all challenged claims, 1, 2, 5, 6, 8, 10–12, 15, 16, 18, 20–24, 26–28, and 31, on the Patent Owner’s request.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Pursuant to 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Cancellation or disclaimer of one or more claims such that the patent owner has no remaining claim in the trial suffices as a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). The Board is permitted to enter adverse judgment at any time in a proceeding, including prior to an institution decision. Cf. Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1350 (Fed. Cir. 2018) (“37 C.F.R. § 42.73(b) permits the Board to enter an adverse judgment when a patent owner cancels all claims at issue after an IPR petition has been filed, but before an institution decision.”).” slip op. at 2
NonePatents in suitUS 10,378,702 - Alternative Legal Solutions, Inc., Dba Compli, Inc. / Hotlinkhr, Inc. et al. v. Employment Law Compliance, Inc.Adverse judgmentPTAB · Feb 2, 2015 · IPR2014-00562 · APJ Lynne E Pettigrew · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner in both proceedings and cancelled claims 1–20, 74–80, and 89–94.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Adverse Judgment Pursuant to 37 C.F.R. § 42.73(b)(4) in each of the two proceedings. IPR2014-00562, Paper 24; IPR2015-00544, Paper 7. Under 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include abandonment of the contest. 37 C.F.R. § 42.73(b)(4). Patent Owner acknowledges that, in accordance with its requests, the Board will terminate the proceedings and cancel all challenged claims. IPR2014-00562, Paper 24, 1; IPR2015-00544, Paper 7, 1. Patent Owner further acknowledges that its actions subject it to the estoppel provisions of 37 C.F.R. § 42.73(d). IPR2014-00562, Paper 24, 1; IPR2015-00544, Paper 7, 1. ORDER Accordingly, it is: ORDERED that adverse judgment is entered against Patent Owner” slip op. at 2
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Other
“FURTHER ORDERED that Patent Owner’s Motion to Stay Co- Pending Ex Parte Reexamination Pursuant to 35 U.S.C. § 315(d) and 37 C.F.R. § 42.122 (IPR2014-00562, Paper 17) is dismissed as moot.” slip op. at 3
NonePatents in suitUS 7,330,817 - Alternative Legal Solutions, Inc., Dba Compli, Inc. / Hotlinkhr, Inc. et al. v. Employment Law Compliance, Inc.Adverse judgmentPTAB · Feb 2, 2015 · IPR2015-00544 · APJ Lynne E Pettigrew · IPR · Adverse judgment
The Board entered adverse judgment against the patent owner in both proceedings, canceled claims 1–20, 74–80, and 89–94, and dismissed the stay motion as moot.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Adverse Judgment Pursuant to 37 C.F.R. § 42.73(b)(4) in each of the two proceedings. IPR2014-00562, Paper 24; IPR2015-00544, Paper 7. Under 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include abandonment of the contest. 37 C.F.R. § 42.73(b)(4). Patent Owner acknowledges that, in accordance with its requests, the Board will terminate the proceedings and cancel all challenged claims. IPR2014-00562, Paper 24, 1; IPR2015-00544, Paper 7, 1. Patent Owner further acknowledges that its actions subject it to the estoppel provisions of 37 C.F.R. § 42.73(d). IPR2014-00562, Paper 24, 1; IPR2015-00544, Paper 7, 1. ORDER Accordingly, it is: ORDERED that adverse judgment is entered against Patent Owner” slip op. at 2
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Other
“FURTHER ORDERED that Patent Owner’s Motion to Stay Co- Pending Ex Parte Reexamination Pursuant to 35 U.S.C. § 315(d) and 37 C.F.R. § 42.122 (IPR2014-00562, Paper 17) is dismissed as moot.” slip op. at 3
NonePatents in suitUS 7,330,817 - 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 - Samsung Electronics Co., Ltd / Samsung Electronics America, Inc. et al. v. Affinity Labs Of Texas, LLCAdverse judgmentPTAB · Jul 9, 2014 · IPR2014-00212 · APJ Jon B Tornquist · IPR · Adverse judgment
The Board granted the LG Petitioners’ motions and entered adverse judgment against LG Electronics, Inc., LG Electronics, U.S.A., Inc., and LG Electronics Mobilecomm USA, Inc.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request entry of adverse judgment against itself at any time during a proceeding. See 37 C.F.R. § 42.73(b). Entry of adverse judgment against the LG Petitioners will not terminate or delay the current proceedings and Patent Owner and the remaining Petitioners do not oppose the motions. Under these circumstances, we find it is appropriate to grant the motions for adverse judgment. It is therefore ORDERED that adverse judgment be entered against LG Electronics, Inc., LG Electronics, U.S.A., Inc., and LG Electronics Mobilecomm USA, Inc. in IPR2014-00209 and IPR2014-00212.” slip op. at 2
NonePatents in suitUS 7,953,390 - Samsung Electronics Co., Ltd / Samsung Electronics America, Inc. et al. v. Affinity Labs Of Texas, LLCAdverse judgmentPTAB · Jul 9, 2014 · IPR2014-00209 · APJ Jon B Tornquist · IPR · Adverse judgment
The Board granted LG Petitioners’ motions and entered adverse judgment against them in IPR2014-00209 and IPR2014-00212.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request entry of adverse judgment against itself at any time during a proceeding. See 37 C.F.R. § 42.73(b). Entry of adverse judgment against the LG Petitioners will not terminate or delay the current proceedings and Patent Owner and the remaining Petitioners do not oppose the motions. Under these circumstances, we find it is appropriate to grant the motions for adverse judgment.” slip op. at 2
NonePatents in suitUS 7,953,390 - 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
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