- Shenzen Chic Electrics Co., Ltd. v. Pilot, Inc.Adverse judgmentPTAB · 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
NonePatents 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
NonePatents in suitUS 9,643,506
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