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  • PTAB · Oct 1, 2025 · IPR2025-00097 · APJ Brent M Dougal · IPR · Adverse judgment

    The Board granted EcoFactor’s request for adverse judgment after it disclaimed claims 1–18 and terminated the proceeding.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “A party before the Board “may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). “Cancellation or disclaimer of a claim such that the party has no remaining claim in the trial” constitutes a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). As all claims of the ’394 Patent have been disclaimed, Patent Owner’s request for adverse judgment is granted, and the proceeding is terminated.” slip op. at 2

    None
    Patents in suitUS 11,835,394
  • PTAB · May 29, 2025 · IPR2024-00932 · APJ Mary C Hoffman · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment, terminated the trial, and cancelled claims 1 and 4–20.

    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). We understand Patent Owner’s May 19, 2025 email as a request for judgment against itself. Accordingly, on the record before us, 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. Accordingly, it is: ORDERED that Patent Owner’s May 19, 2025 email request for adverse judgment pursuant to 37 C.F.R. § 42.73(b) is granted;” slip op. at 3

    None
    Patents in suitUS 11,392,818
  • PTAB · Dec 3, 2024 · IPR2023-01387 · APJ Mahshid D Saadat · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment after it disclaimed all challenged claims 1–16 and 19.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “II. Discussion Per 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Also, actions which are construed to be a request for adverse judgement include “[c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Id. at § 42.73(b)(2). With the filing by Patent Owner of a statutory disclaimer of all challenged claims 1–16 and 19 in this proceeding, there are no remaining claims in this trial.” slip op. at 2

    None
    Patents in suitUS 8,204,737
  • PTAB · Dec 3, 2024 · IPR2023-01386 · APJ Jameson Lee · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment after it disclaimed all challenged claims 1–12 and did not respond to the show-cause order.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “at any time during a proceeding. Also, actions which are construed to be a request for adverse judgement include “[c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Id. at § 42.73(b)(2). With the filing by Patent Owner of a statutory disclaimer of all challenged claims 1–12 in this proceeding, there are no remaining claims in this trial. Because Patent Owner did not respond to the Show Cause Order, we construe Patent Owner’s statutory disclaimer of all challenged claims 1–12 as a request for entry of adverse judgment against Patent Owner. The request is granted.” slip op. at 2

    None
    Patents in suitUS 6,904,405
  • PTAB · Jul 23, 2024 · IPR2024-00298 · APJ Ryan H Flax · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1–30 after it disclaimed every challenged claim, terminating the proceeding.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without rendering a final written decision, where appropriate . . . .” Further, 37 C.F.R. § 42.73(b)(1) and (2) together state that, “[a] party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include . . . [d]isclaimer of the involved application or patent [and] [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Thus, in disclaiming every claim in the ’572 patent, Patent Owner has constructively requested adverse judgement. Ex. 3005.” slip op. at 2

    None
    Patents in suitUS 11,253,572
  • PTAB · Jul 23, 2024 · IPR2024-00260 · APJ Ryan H Flax · IPR · Adverse judgment

    Adverse judgment was entered against Patent Owner as to claims 1–30 after it disclaimed all challenged claims, and the proceeding was terminated.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without rendering a final written decision, where appropriate . . . .” Further, 37 C.F.R. § 42.73(b)(1) and (2) together state that, “[a] party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include . . . [d]isclaimer of the involved application or patent [and] [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Thus, in disclaiming every claim in the ’572 patent, Patent Owner has constructively requested adverse judgement. Ex. 3005. We grant Patent Owner’s request. Several exhibits filed in this proceeding were done so under seal as” slip op. at 2

    None
    Patents in suitUS 11,253,572
  • PTAB · Jul 23, 2024 · IPR2023-00884 · APJ Ryan H Flax · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1–30 after their disclaimer and terminated the proceeding.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without rendering a final written decision, where appropriate . . . .” Further, 37 C.F.R. § 42.73(b)(1) and (2) together state that, “[a] party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include . . . [d]isclaimer of the involved application or patent [and] [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Thus, in disclaiming every claim in the ’572 patent, Patent Owner has constructively requested adverse judgement. Ex. 3005. We grant Patent Owner’s request. Several exhibits filed in this proceeding were done so under seal as” slip op. at 2

    None
    Patents in suitUS 11,253,572
  • PTAB · 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

    None
    Patents in suitUS 10,931,911
  • PTAB · Feb 21, 2024 · IPR2023-01312 · APJ Jamie T Wisz · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1–18 after Patent Owner disclaimed all claims, and terminated the proceeding.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “requisite fees. See Ex. 2104; see also 37 C.F.R. § 1.321 (setting forth requirements for statutory disclaimer). Under 37 C.F.R. § 42.73(b), “[a]ctions construed to be a request for adverse judgment include . . . (2) [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Because Patent Owner has disclaimed all claims of the ’992 patent, we construe this disclaimer as a request for adverse judgment, and we enter adverse judgment against the Patent Owner with respect to claims 1–18 of the ’992 patent. Accordingly, it is ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1–18 of U.S. Patent No. 10,464,992 B2; and” slip op. at 2

    None
    Patents in suitUS 10,464,992
  • PTAB · Feb 21, 2024 · IPR2023-00462 · APJ Jamie T Wisz · IPR · Adverse judgment

    After Patent Owner disclaimed claims 1–18, the Board entered adverse judgment against Patent Owner on those claims and terminated the proceeding.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Patent Owner has disclaimed all claims of the ’992 patent and paid the requisite fees. See Ex. 2104; see also 37 C.F.R. § 1.321 (setting forth requirements for statutory disclaimer). Under 37 C.F.R. § 42.73(b), “[a]ctions construed to be a request for adverse judgment include . . . (2) [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Because Patent Owner has disclaimed all claims of the ’992 patent, we construe this disclaimer as a request for adverse judgment, and we enter adverse judgment against the Patent Owner with respect to claims 1–18 of the ’992 patent. Accordingly, it is ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1–18 of U.S. Patent No. 10,464,992 B2; and” slip op. at 2

    None
    Patents in suitUS 10,464,992
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