- Juniper Networks, Inc. v. Monarch Networking Solutions LLCAdverse judgmentPTAB · Apr 1, 2025 · IPR2024-00565 · APJ Brian J Mcnamara · IPR · Adverse judgment
The Board granted Patent Owner’s unopposed motion for adverse judgment after claims 1 and 5-8 were cancelled in reexamination, and terminated the IPR.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“When all claims at issue in an IPR are cancelled in a concurrent reexamination, the Board “construe[s] [the] cancellation of all claims . . . as a request for adverse judgment.” Mercedes-Benz USA, LLC v. Signal IP, Inc., IPR2015-00941, Paper 21 at 2-3 (PTAB Apr. 14, 2016). ORDER In consideration of the foregoing, it is hereby: ORDERED that Patent Owner’s Motion for Adverse Judgment is GRANTED; FURTHER ORDERED that Adverse Judgment is entered; and FURTHER ORDERED that this inter partes review is terminated.” slip op. at 2
NonePatents in suitUS 8,451,845 - Lumi Legend Corporation v. Manehu Product Alliance, LLCAdverse judgmentPTAB · Feb 28, 2025 · PGR2024-00014 · APJ Barry L Grossman · PGR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment against itself and held claims 33–36 unpatentable.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“October 25, 2024, from counsel for Patent Owner, Patent Owner requested authorization to file “a request for adverse judgment against itself under 37 C.F.R. § 42.73(b).” Ex. 3003 (emphases added). Our Rule 42.73(b) states “A party may request judgment against itself at any time during a proceeding.” The Board granted Patent Owner’s request. Ex. 3003. Patent Owner then filed its “Request for Adverse Judgment Pursuant to 37 C.F.R. § 42.73(b).” Paper 11 (Request for Adverse Judgment). This Request, however, stated, in error, that Patent Owner requested “adverse judgment against Petitioner on claims 33-36, pursuant to 37 C.F.R. § 42.73(b)(4).” Id. (emphases added). Our Rule 42.73(b)(4) concerns “[a]ctions construed to be a request for adverse judgment.” 37 C.F.R. § 42.73(b)(4) (emphasis added). Subsection (b)(4) states one of the actions construed to be a request for adverse judgment is “[a]bandonment of the contest.” Id. The actions construed to be a request for adverse judgment, however, are never reached when a party states unequivocally that it requests “judgment against itself.” that the Request for Adverse Judgement is seeking adverse judgment against itself, not Petitioner. Id. As stated in the title of Patent Owner’s Request for Adverse Judgment, we consider this request under our Rule 42.73(b). As corrected, the Request seeks a “final adverse judgment against [Patent Owner] on claims 33-36,” which are all the challenged claims. Thus, claims 33–36 are held to be unpatentable. 1” slip op. at 2
NonePatents in suitUS 11,781,703 - Globus Medical, Inc. v. Flexuspine, Inc.Adverse judgmentPTAB · Jun 3, 2016 · IPR2015-01795 · APJ William V Saindon · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment and ordered cancellation of claims 1–4 of the ’386 patent.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“II. DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). 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. Here, Patent Owner has requested cancellation of all the claims identified for trial and expressly requested entry of adverse judgment. Paper 14. Patent Owner’s requests for cancellation of claims 1–4 of the ’386 patent and for entry of adverse judgment are granted.” slip op. at 2
NonePatents in suitUS 8,647,386 - Globus Medical, Inc. v. Flexuspine, Inc.Adverse judgmentPTAB · Jun 3, 2016 · IPR2015-01749 · APJ William V Saindon · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment and ordered claim 5 canceled after institution of trial.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“II. DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). 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. Here, Patent Owner has requested cancellation of all the claims identified for trial and expressly requested entry of adverse judgment. Paper 14. Patent Owner’s requests for cancellation of claim 5 of the ’853 patent and for entry of adverse judgment are granted.” slip op. at 2
NonePatents in suitUS 7,204,853 - PTAB · Dec 11, 2015 · IPR2015-00605 · APJ Ken B Barrett · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment and ordered claims 1–8 canceled.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Pursuant to 37 C.F.R. § 42.73(b)(4), “[a]bandonment of the contest” is construed as a request for adverse judgment. Accordingly, we interpret Patent Owner’s Notice as a request for adverse judgment. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims is appropriate. Accordingly, it is: ORDERED that Patent Owner’s request for adverse judgment under 37 C.F.R. § 42.73(b) with respect to claims 1–8 of U.S. Patent No. 6,837,551 B2 is granted; and FURTHER ORDERED that claims 1–8 of U.S. Patent No. 6,837,551 B2 shall be canceled.” slip op. at 2
NonePatents in suitUS 6,837,551 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. et al. v. Black Hills Media, LLCAdverse judgmentPTAB · Jun 8, 2015 · IPR2014-00721 · APJ Tina E Hulse · IPR · Adverse judgment
Patent Owner’s motion to cancel claims 1 and 11 was granted and treated as a request for adverse judgment; judgment was entered against Patent Owner on those claims.
RulingsAdverse judgment- PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend, grantedGranted
“Pursuant to 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. We construe the cancellation of claims such that the patent owner has no remaining claim in the trial to be 1 Hatlelid et al., US 6,772,195 B1, issued Aug. 3, 2004 (Ex. 1003). 2 Dwek, US 6,248,946 B1, issued June 19, 2001 (Ex. 1004). 3 Traversat et al., US 7,065,579 B2, issued June 20, 2006 (Ex. 1005). 4 Gong et al., Multicast Security and Its Extension to a Mobile Environment, 1 WIRELESS NETWORKS 281–95 (1995) (Ex. 1006). 5 We note that Patent Owner did not request a conference call with the Board before filing its Motion to Amend, as required by 37 C.F.R. § 42.121(a). Under the circumstances of this case, we exercise our discretion and determine that it is appropriate to waive the requirements of this rule. See 37 C.F.R. § 42.5(b). a request for adverse judgment. See 37 C.F.R. § 42.73(b)(2). Here, Patent Owner requests cancellation of all claims of the ’082 patent on which a trial was instituted, such that Patent Owner would have no remaining claim in the trial. Thus, it is appropriate to enter judgment at this time.” slip op. at 3
- Adverse judgmentAdverse judgmentOther
“against itself at any time during a proceeding. We construe the cancellation of claims such that the patent owner has no remaining claim in the trial to be 1 Hatlelid et al., US 6,772,195 B1, issued Aug. 3, 2004 (Ex. 1003). 2 Dwek, US 6,248,946 B1, issued June 19, 2001 (Ex. 1004). 3 Traversat et al., US 7,065,579 B2, issued June 20, 2006 (Ex. 1005). 4 Gong et al., Multicast Security and Its Extension to a Mobile Environment, 1 WIRELESS NETWORKS 281–95 (1995) (Ex. 1006). 5 We note that Patent Owner did not request a conference call with the Board before filing its Motion to Amend, as required by 37 C.F.R. § 42.121(a). Under the circumstances of this case, we exercise our discretion and determine that it is appropriate to waive the requirements of this rule. See 37 C.F.R. § 42.5(b). a request for adverse judgment. See 37 C.F.R. § 42.73(b)(2). Here, Patent Owner requests cancellation of all claims of the ’082 patent on which a trial was instituted, such that Patent Owner would have no remaining claim in the trial. Thus, it is appropriate to enter judgment at this time.” slip op. at 3
NonePatents in suitUS 7,917,082 - Samsung Electronics Co., Ltd. / Samsung Electronics America, Inc. et al. v. Black Hills Media, LLCAdverse judgmentPTAB · Jun 8, 2015 · IPR2014-00718 · APJ Tina E Hulse · IPR · Adverse judgment
Patent Owner canceled claims 9 and 10 by motion; the Board treated it as a request for adverse judgment and entered judgment against Patent Owner.
RulingsAdverse judgment- PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend, grantedGranted
“II. MOTION TO AMEND In its Motion to Amend, Patent Owner seeks to cancel both claims 9 and 10, which are the only claims subject to this proceeding.7 Paper 20, 1. Petitioner did not file an opposition to Patent Owner’s Motion to Amend. Accordingly, Patent Owner’s Motion to Amend canceling claims 9 and 10 of the ’689 patent is granted.” slip op. at 3
- Adverse judgmentAdverse judgmentOther
“Pursuant to 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. We construe the cancellation of claims such that the patent owner has no remaining claim in the trial to be a request for adverse judgment. See 37 C.F.R. § 42.73(b)(2). Here, Patent Owner requests cancellation of all claims of the ’689 patent on which a trial was instituted, such that Patent Owner would have no remaining claim in the trial. Thus, it is appropriate to enter judgment at this time.” slip op. at 4
NonePatents in suitUS 7,835,689 - Redfin Corporation v. Corelogic Solutions, LLCAdverse judgmentPTAB · Mar 16, 2015 · CBM2014-00027 · APJ Brian J Mcnamara · CBM · Adverse judgment
The Board granted Patent Owner’s motion for adverse judgment after disclaimer and ordered claims 2–4, 7–8, and 11–20 cancelled.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“concerning the status of this case. On March 12, 2015, we authorized Patent Owner to file a Motion for Adverse Judgment. On March 12, 2015, Patent Owner filed its Motion for Adverse Judgment, in which Patent Owner disclaimed claims 2–4, 7, 8, and 11–20. Paper 18. Having disclaimed all the claims involved in this proceeding, Patent Owner’s Motion for Adverse Judgment is GRANTED and claims 2–4, 7, 8, and 11–20 will be cancelled. ORDER In consideration of the above, it is ORDERED that Patent Owner’s Motion for Adverse Judgment is GRANTED; and FURTHER ORDERED, that claims 2–4, 7, 8 and 11–20 of U.S. Patent No. 5,361,201 shall be cancelled.” slip op. at 2
NonePatents in suitUS 5,361,201 - 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 - Smith & Nephew, Inc. v. Bonutti Skeletal Innovations LLCAdverse judgmentPTAB · Mar 24, 2014 · IPR2013-00605 · APJ Richard E Rice · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed sole challenged claim 23.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“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 disclaimer of a claim such that the party has no remaining claim in the trial. See 37 C.F.R. § 42.73(b)(2). As claim 23 of the ’229 patent is the only claim challenged (Paper 3 at 2, 4), and claim 23 has been disclaimed, Patent Owner has no remaining claim in this inter partes review. Accordingly, it is hereby ORDERED that Patent Owner’s request for judgment against itself under 37 C.F.R. § 42.73(b)(2), with respect to claim 23 of U.S. Patent No. 7,749,229 B1, is GRANTED; and” slip op. at 2
NonePatents in suitUS 7,749,229
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.