- Bote, LLC v. Steamboat Paddlesports, LLCAdverse judgmentPTAB · Mar 25, 2025 · IPR2024-00889 · APJ Cynthia L Murphy · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner, holding claims 1–15 unpatentable after Patent Owner abandoned the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“As noted in the Scheduling Order, “[i]f Patent Owner elects not to file a response to the Petition, Patent Owner must arrange a conference call with the parties and the Board.” [Paper 14, 9.] Thus, Patent Owner has three options: 1) file a response by February 18, 2025, 2) arrange a conference call in accordance with the Scheduling Order, or 3) stipulate a revised due date with Petitioner and file a response by the stipulated due date. Patent Owner must appoint counsel to proceed with any of these options, which Patent Owner should do without delay. Patent Owner’s failure to proceed with one of these options could be viewed as an abandonment of this proceeding. And such abandonment would be construed as Patent Owner’s request for adverse judgment against itself (see 37 C.F.R. § 42.73(b)(4)), resulting in cancellation of all of the claims challenged in the Petition.” slip op. at 2
NonePatents in suitUS 10,479,458 - Bote, LLC v. Steamboat Paddlesports, LLCAdverse judgmentPTAB · Mar 25, 2025 · IPR2024-00892 · APJ Cynthia L Murphy · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–20 after finding abandonment, resulting in cancellation of all challenged claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“As noted in the Scheduling Order, “[i]f Patent Owner elects not to file a response to the Petition, Patent Owner must arrange a conference call with the parties and the Board.” [Paper 15, 9.] Thus, Patent Owner has three options: 1) file a response by February 18, 2025, 2) arrange a conference call in accordance with the Scheduling Order, or 3) stipulate a revised due date with Petitioner and file a response by the stipulated due date. Patent Owner must appoint counsel to proceed with any of these options, which Patent Owner should do without delay. Patent Owner’s failure to proceed with one of these options could be viewed as an abandonment of this proceeding. And such abandonment would be construed as Patent Owner’s request for adverse judgment against itself (see 37 C.F.R. § 42.73(b)(4)), resulting in cancellation of all of the claims challenged in the Petition.” slip op. at 2
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Not reached
“Accordingly, it is ORDERED that adverse judgment shall be entered against Patent Owner as to claims 1–20 of the ’466 patent under 37 C.F.R. § 42.73(b).4 FURTHER ORDERED that this paper constitutes a final written decision pursuant to 35 U.S.C. § 318(a) holding that claims 1–20 of the ’466 patent are unpatentable based on the adverse judgment; and “not made any attempt whatsoever to contact Petitioner regarding this IPR.” Ex. 1027 ¶ 7. 3 Patent Owner is reminded of the applicable estoppel provisions in 37 C.F.R. § 42.73(d)(3). 4 Petitioner filed a motion asking for a finding that Patent Owner had abandoned the proceedings and constructively requested adverse judgment against itself. See Paper 19; Ex. 3002. Petitioner’s motion is dismissed as moot in view of our entry of adverse judgment for the reasons expressed herein. The same applies to Petitioner’s request to submit supplemental evidence. See Ex. 3003.” slip op. at 3
NonePatents in suitUS 9,862,466 - Snap Inc. v. Playvuu, Inc.Adverse judgmentPTAB · Feb 29, 2024 · IPR2023-00848 · APJ Barbara A Parvis · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment and entered judgment against Patent Owner on claims 1–11 after abandonment.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Judgment (Paper 14, “Request for Adverse Judgment”), which states “[p]ursuant to 37 C.F.R. § 42.73(b)(4) Patent Owner makes this request for the Board to enter adverse judgment against Patent Owner with respect to claims 1-11” of the ’911 patent. Id. at 1. Patent Owner further states “Patent Owner makes this request because Patent Owner is not filing a Patent Owner Response and is abandoning this proceeding.” Id. Upon review of Patent Owner’s unopposed Request for Adverse Judgment, we grant the request for adverse judgment pursuant to 37 C.F.R. § 42.73(b)(4).” slip op. at 2
NonePatents in suitUS 10,931,911 - PTAB · Mar 4, 2022 · IPR2020-01640 · APJ Jason W Melvin · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment and terminated review of challenged claims 2 and 3 after Patent Owner disclaimed them.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Owner indicates that it disclaimed all interest in the challenged claims. Response 1 (citing Ex. 2002 (Disclaimer under 37 C.F.R. § 1.321(a) of claims 2 and 3)). Patent Owner requests adverse judgment. Id.; see 37 C.F.R. § 42.73(b). Because Patent Owner satisfies the regulatory standard, we grant Patent Owner’s request. Accordingly, it is ORDERED that, pursuant to 37 C.F.R. § 42.73(b), inter partes review of claims 2 and 3 of the ’156 patent is terminated.2” slip op. at 2
NonePatents in suitUS 7,389,156 - Precision Power, LLC v. Powertec Solutions International, LLCAdverse judgmentPTAB · Nov 29, 2021 · PGR2021-00043 · APJ Terrence W Mcmillin · PGR · Adverse judgment
The Board entered adverse judgment against Patent Owner after it abandoned the contest; claims 1–7 were canceled and the proceeding terminated.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Our rules provide that “[a] party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Moreover, certain actions taken by a party, such as “[a]bandonment of the contest,” can be construed as a request for adverse judgment against that party. Id. § 42.73(b)(4). Although we instituted a trial, we have not yet decided the merits of this proceeding. Accordingly, we enter adverse judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b) and terminate the trial pursuant to 37 C.F.R. § 42.72. It is: ORDERED that adverse judgment is entered against Patent Owner; FURTHER ORDERED that claims 1–7 of U.S. Patent No. 10,637,264” slip op. at 2
NonePatents in suitUS 10,637,264
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.