- PTAB · Oct 15, 2025 · PGR2025-00002 · APJ Frederick C Laney · PGR · Adverse judgment
After Patent Owner disclaimed claims 1–78, the Board granted its motion for adverse judgment and terminated the post-grant review.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under our rules, “[a] party may request judgment against itself at any time during a proceeding,” which includes “[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). See Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1350 (Fed. Cir. 2018) (“there is no claim remaining for trial . . . when, as here, all of the challenged claims have been cancelled”). Thus, actions construed to be a request for adverse judgment include cancellation of patent claims such that a party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Because Patent Owner has disclaimed all challenged claims such that no claims remain in the trial, we grant Patent Owner’s Motion to Terminate by Adverse Judgment.” slip op. at 2
NonePatents in suitUS 12,134,952 - Dji Europe B.V. v. Textron Innovations Inc.Adverse judgmentPTAB · Feb 15, 2023 · IPR2022-00163 · APJ Scott A Daniels · IPR · Adverse judgment
The Board entered adverse judgment against the Patent Owner on claims 1–8, 10–13, and 15–25 after those claims were statutorily disclaimed.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“indicating that all challenged claims had been disclaimed, requesting adverse judgment under 37 C.F.R. § 42.73(b)(2), and entering the respective Disclaimer, dated November 16, 2022, into the record of this proceeding as Exhibit 2020. Paper 18. Patent Owner’s disclaimer of claims 1–8, 10–13, and 15–25 means that Patent Owner has no claims remaining in the present proceeding and adverse judgement is therefore appropriate. II. ORDER In consideration of the foregoing, it is hereby: ORDERED that adverse judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1–8, 10–13, and 15– 25 of the ’647 patent; and” slip op. at 2
NonePatents in suitUS 10,243,647 - 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
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