- PTAB · May 13, 2026 · IPR2025-01444 · APJ George R Hoskins · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed the entire patent term, entering judgment against claims 1–6.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request entry of adverse judgment against itself at any time during an inter partes review proceeding. See 37 C.F.R. § 42.73(b). In addition, “[a]ctions construed to be a request for adverse judgment include: (1) Disclaimer of the involved application or patent; [and] (2) Cancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Id. Because Patent Owner has explicitly requested adverse judgment against itself pursuant to Rule 42.73(b), and has disclaimed the entire term of the ’584 patent, Patent Owner’s request for adverse judgment is granted. ORDER In consideration of the foregoing, it is hereby: ORDERED that Patent Owner’s Request for Adverse Judgment is granted; and FURTHER ORDERED that adverse judgment is entered against Patent Owner with respect to claims 1–6 of the ’584 patent.” slip op. at 3
NonePatents in suitUS 7,547,584 - Microsoft Corporation v. Edge Networking Systems, LLCAdverse judgmentPTAB · Mar 25, 2026 · IPR2025-00618 · APJ Nabeel U Khan · IPR · Adverse judgment
After Patent Owner disclaimed all challenged claims, the Board entered adverse judgment against Patent Owner under 37 C.F.R. § 42.73(b)(2).
RulingsAdverse judgment- Adverse judgmentAdverse judgmentOther
“Our rules state that “disclaimer of a claim such that a party has no remaining claim in the trial” is “construed to be a request for adverse judgment.” 37 C.F.R. § 42.73(b). Because Patent Owner has disclaimed all challenged claims and no claims remain in this proceeding, adverse judgment is appropriate. We, therefore, enter judgment adverse to the Patent Owner.” slip op. at 2
NonePatents in suitUS 11,695,823 - Google LLC v. Ecofactor, Inc.Adverse judgmentPTAB · 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
NonePatents in suitUS 11,835,394 - BMW Of North America, LLC / Mercedes-Benz USA, LLC v. Michigan Motor Technologies, LLCAdverse judgmentPTAB · Jun 12, 2024 · IPR2023-01032 · APJ Scott B Howard · IPR · Adverse judgment
The Board denied Patent Owner’s motion to terminate and entered adverse judgment against Patent Owner on claims 1–7 because it disclaimed all claims in the trial.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“unobjected to. See Mot. 1 (Patent Owner not objecting to entry of adverse judgment); Opp. 2 (Petitioner not opposing entry of adverse judgment). The Board construes an action cancelling or disclaiming claims such that no challenged claims remain in the trial as a request for adverse judgment. 37 C.F.R. § 42.73(b)(2) (“Actions construed to be a request for adverse judgment include: . . . [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.”); see also McAfee, Inc. v. CAP Co., Ltd., IPR2016-00211, Paper 19 (PTAB Apr. 5, 2017) (entering adverse judgment based on motion to amend seeking cancellation of claims remaining in the trial). In this case, the Board instituted trial on claims 1–7 of the ’565 patent, none of which remains in the trial following Patent Owner’s statutory disclaimer. Ex. 2002, 3 (disclaiming claims 1–7). Accordingly, we construe Patent Owner’s disclaimer as a request for adverse judgment, and we grant that request.” slip op. at 3
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Denied
“We agree with Petitioner. A motion to terminate is governed by 37 C.F.R. § 42.72 (2023). Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without rendering a final written decision, where appropriate, including where the trial is consolidated with another proceeding or pursuant to a joint request under 35 U.S.C. [§] 317(a) or 327(a).” In this case, there is no “consolidat[ion] . . . or . . . a joint request under 35 U.S.C. [§] 317(a) or 327(a),” so the application of § 42.72 here is unclear.” slip op. at 3
NonePatents in suitUS 6,581,565 - BMW Of North America, LLC v. Michigan Motor Technologies, LLCAdverse judgmentPTAB · Jun 11, 2024 · IPR2023-01031 · APJ Scott B Howard · IPR · Adverse judgment
The Board denied Patent Owner’s motion to terminate and entered adverse judgment against it on claims 1, 2, 4–7, and 9–13 because it disclaimed all claims in the trial.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“However, application of section 42.73 is straightforward and unobjected to. See Paper 23, 3 (Patent Owner not objecting to entry of adverse judgment). The Board construes an action cancelling or disclaiming claims such that no challenged claims remain in the trial as a request for adverse judgment. 37 C.F.R. § 42.73(b)(2) (“Actions construed to be a request for adverse judgment include: . . . [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.”); see also McAfee, Inc. v. CAP Co., Ltd., IPR2016-00211, Paper 19 (PTAB Apr. 5, 2017) (entering adverse judgment based on motion to amend seeking cancellation of claims remaining in the trial). In this case, the Board instituted trial on claims 1, 2, 4–7, and 9–13 of the ’482 patent, none of which remains in the trial following Patent Owner’s statutory disclaimer. Ex. 2005, 5 (disclaiming claims 1, 2, 4–7, and 9–13). Accordingly, we construe Patent Owner’s disclaimer as a request for adverse judgment, and we grant that request.” slip op. at 4
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Denied
“Patent Owner’s request as a motion to terminate pursuant to 37 C.F.R. § 42.72 (2023). Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without rendering a final written decision, where appropriate, including where the trial is consolidated with another proceeding or pursuant to a joint 2 Patent Owner did not state that it met-and-conferred with Petitioner. Nor did Patent Owner request authorization to file a motion to terminate the proceedings. request under 35 U.S.C. 317(a) or 327(a).” In this case, there is no “consolidat[ion] . . . or a joint request under 35 U.S.C. 317(a) or 327(a),” so the application of § 42.72 here is unclear.” slip op. at 3
NonePatents in suitUS 8,909,482 - PTAB · Mar 21, 2024 · IPR2024-00288 · APJ Thu A Dang · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed claims 1–25 before institution, leaving no claim for consideration.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Our Rules provide that “[a]ctions construed to be a request for adverse judgment include: . . . [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). Patent Therefore, pursuant to our Rules, we construe this disclaimer as a request for adverse judgment, which we grant. II. ORDER Accordingly, it is ORDERED that adverse judgment is entered against Patent Owner under 37 C.F.R. § 42.73(b)(2).” slip op. at 2
NonePatents in suitUS 8,506,649 - Dell Inc. / Dell Technologies Inc. v. Softex LLCAdverse judgmentPTAB · Mar 19, 2024 · IPR2024-00564 · APJ Thu A Dang · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed claims 1–25 before institution, leaving no claim for consideration.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Our Rules provide that “[a]ctions construed to be a request for adverse judgment include: . . . [c]ancellation or disclaimer of a claim such that the Owner’s disclaimer of claims 1–25 leaves no claim remaining in the trial. Therefore, pursuant to our Rules, we construe this disclaimer as a request for adverse judgment, which we grant.” slip op. at 2
- PTAB / AIA Trials › Joinder §315(c) / SAS all-or-nothingNot reached
“Petition requesting an inter partes review of claims 1–25 (“the challenged claims”) of U.S. Patent No. 8,506,649 B2 (Ex. 1001, “the ’649 patent). Paper 2 (“Petition”). Along with the Petition, Petitioner filed a Motion for Joinder to inter partes review IPR2023-01185. Paper 3 (“Motion”).” slip op. at 2
NonePatents in suitUS 8,506,649 - Microsoft Corporation v. Softex` LLCAdverse judgmentPTAB · Mar 19, 2024 · IPR2023-01185 · APJ Thu A Dang · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed claims 1–25, leaving no claims for consideration.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Our Rules provide that “[a]ctions construed to be a request for adverse judgment include: . . . [c]ancellation or disclaimer of a claim such that the Owner’s disclaimer of claims 1–25 leaves no claims remaining in the trial. Therefore, pursuant to our Rules, we construe this disclaimer as a request for adverse judgment, which we grant.” slip op. at 2
NonePatents in suitUS 8,506,649 - Nike, Inc. v. Valmarc CorporationAdverse judgmentPTAB · Jul 17, 2023 · IPR2022-01404 · APJ Hyun J Jung · IPR · Adverse judgment
The Board entered adverse judgment against Valmarc for claims 1–34; those claims were cancelled after Patent Owner requested judgment.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request [adverse] judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Having reviewed Patent Owner’s request, we determine that entry of judgment against Patent Owner with respect to claims 1–34 of U.S. Patent No. 8,063,736 B2 is appropriate. ORDER Accordingly, it is: ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1–34 of U.S. Patent No. 8,063,736 B2; slip op. at 2
NonePatents in suitUS 8,063,736 - Nike, Inc. v. Valmarc CorporationAdverse judgmentPTAB · Jul 17, 2023 · IPR2022-01403 · APJ Hyun J Jung · IPR · Adverse judgment
The Board entered adverse judgment against Valmarc for claims 1–15; those claims were cancelled after the Patent Owner requested judgment.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request [adverse] judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Having reviewed Patent Owner’s request, we determine that entry of judgment against Patent Owner with respect to claims 1–15 of U.S. Patent No. 7,852,195 B2 is appropriate. ORDER Accordingly, it is: ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1–15 of U.S. Patent No. 7,852,195 B2; FURTHER ORDERED that claims 1–15 of U.S. Patent No. 7,852,195 B2 are cancelled; and FURTHER ORDERED that this Order constitutes a final written decision under 35 U.S.C. § 318(a). slip op. at 2
NonePatents in suitUS 7,852,195
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.