- PTAB · Jan 2, 2024 · IPR2023-00856 · APJ John R Kenny · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–20 after it requested to abandon the contest, and terminated the three related IPR proceedings.
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). Thus, we grant Patent Owner’s Request. ORDER Accordingly, it is ORDERED that judgment is entered under 37 C.F.R. § 42.73(b)(4) against Patent Owner with respect to claims 1–20 of U.S. Patent No. 11,026,232 B2; and slip op. at 2
NonePatents in suitUS 11,026,232 - AT&T Corp., AT&T Communications LLC, AT&T Mobility LLC, AT&T Mobility II LLC, AT&T Services Inc., And T-Mobile USA, Inc. v. Dali Wireless, Inc.Adverse judgmentPTAB · Jan 2, 2024 · IPR2023-00844 · APJ John R Kenny · IPR · Adverse judgment
The Board entered adverse judgment against Dali Wireless on claims 1–20 after it requested to abandon the contest, and terminated the three related IPR proceedings.
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). Thus, we grant Patent Owner’s Request. slip op. at 2
NonePatents in suitUS 11,026,232 - PTAB · Jan 2, 2024 · IPR2022-01242 · APJ John R Kenny · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–20 after it requested to abandon the contest, and terminated the related IPR proceedings.
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). Thus, we grant Patent Owner’s Request. ORDER Accordingly, it is ORDERED that judgment is entered under 37 C.F.R. § 42.73(b)(4) against Patent Owner with respect to claims 1–20 of U.S. Patent No. 11,026,232 B2; and slip op. at 2
NonePatents in suitUS 11,026,232 - 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 - Quantum Metric, Inc. / Decibel Insight, Ltd. et al. v. Content Square Israel Ltd. (F/K/A Clicktale Ltd.)Adverse judgmentPTAB · Jan 19, 2022 · IPR2021-00416 · APJ Steven M Amundson · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner after it requested judgment following cancellation of claims 1–20 in a reissue application, and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“The Board’s rules provide that “[a] party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b)(2). Because Patent Owner requests adverse judgment and Petitioner does not oppose, the entry of judgment adverse to Patent Owner is appropriate.” slip op. at 2
NonePatents in suitUS 10,079,737 - PTAB · Jan 31, 2018 · IPR2017-01777 · APJ Patrick R Scanlon · IPR · Adverse judgment
The Board denied institution because Patent Owner recorded a statutory disclaimer of all challenged claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentDenied
“Under 37 C.F.R. § 42.107(e), “patent owner may file a statutory disclaimer under 35 U.S.C. 253(a) in compliance with § 1.321(a) of this chapter, disclaiming one or more claims in the patent” and “[n]o inter partes review will be instituted based on disclaimed claims.” A disclaimer under 35 U.S.C. § 253(a) is “considered as part of the original patent” once it is “recorded” in the Office. 35 U.S.C. § 253(a).” slip op. at 3
Discretionary denialPatents in suitUS 8,167,043 - PTAB · Apr 4, 2016 · IPR2015-01469 · APJ Karl D Easthom · IPR · Adverse judgment
The Board entered adverse judgment against Gold Charm Limited and ordered claims 1 and 5 cancelled after Patent Owner abandoned the contest.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Here, Patent Owner has requested to abandon the contest, which would be construed as a request for adverse judgment even apart from Patent Owner’s explicit request for adverse judgment. Id. § 42.73(b)(4). Under these circumstances, entry of judgment adverse to the Patent Owner and cancellation of claims 1 and 5 of the ʼ163 patent are appropriate. Patent Owner’s request for adverse judgment is granted.” slip op. at 2
NonePatents in suitUS 5,870,163 - Opower Inc. v. Cleantech Business Solutions, LLCAdverse judgmentPTAB · Nov 25, 2015 · CBM2014-00155 · APJ Karl D Easthom · CBM · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–16 after Patent Owner disclaimed all claims in the trial.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“proceeding. 37 C.F.R. § 42.73(b). Actions construed as a request for entry of 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). Here, Patent Owner has disclaimed, under 37 C.F.R. § 1.321, claims 1–16, all claims involved in this trial. Paper 28. The statutory disclaimer constitutes a request for entry of adverse judgment.1 III. CONCLUSION Entry of judgment against Patent Owner with respect to claims 1–16 of the ’245 patent is appropriate.” slip op. at 2
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Denied
“1 During a telephone conference on November 17, 2015, which included counsel for both parties and the panel, counsel for Petitioner stated he did not object to the request for adverse judgment, but requested that the panel issue with this judgment findings of fact and legal determinations arising from papers of record. Petitioner expressed a concern over a potential for duplicated efforts in ongoing reissue proceedings involving the ’245 patent. We exercise our discretion and decline the request to supplement the record. See 37 C.F.R. § 42.73(d) (3) (i) (precluding Patent Owner from obtaining claims that are not “patentably distinct from a finally refused or canceled claim”).” slip op. at 3
NonePatents in suitUS 8,489,245 - PTAB · Sep 23, 2014 · IPR2014-01038 · APJ Karl D Easthom · IPR · Adverse judgment
The Board granted the joint motions and terminated IPR2014-00999, IPR2014-01001, IPR2014-01007, and IPR2014-01038 as to both parties without a final written decision.
RulingsAdverse judgment- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Granted
“The parties urge the Board to terminate each of these instant proceedings with respect to both Petitioner and Patent Owner. Id. at 2–4. The parties submit that termination is appropriate because each “proceeding is in its infancy.” Id. at 4. Issues raised during the trial have not been briefed fully and the Board has not yet decided the merits of each proceeding. Id. Petitioner indicates that it will no longer participate even if the Board does not terminate the respective proceeding. Id. According to the parties, Congress and federal courts have expressed a strong interest in encouraging settlement in litigation. Id. at 3. In exercising our independent determination, we generally expect that a proceeding will terminate after the filing of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). Upon consideration of the parties’ contentions, we determine that terminating each of the proceedings with respect to both Petitioner and Patent Owner, at this early juncture, promotes efficiency and minimizes unnecessary costs. Based on the facts of these cases, it is appropriate to enter judgment in each case without rendering a final written decision.4 See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72.” slip op. at 3
NonePatents in suitUS 8,635,583
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.