- Microsoft Corporation v. Proxense, LLCAdverse judgmentPTAB · Apr 28, 2025 · IPR2024-00775 · APJ David C Mckone · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner and cancelled claims 1–17 after Patent Owner conceded unpatentability.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Rule 47.73(b)(3) provides that “[a] party may request adverse judgment against itself at any time during a proceeding” and that “[a]ctions construed to be a request for adverse judgment include . . . [c]oncession of unpatentability . . . of the contested subject matter.” 37 C.F.R. § 42.73(b)(3). We grant Patent Owner’s request for adverse judgment.” slip op. at 2
NonePatents in suitUS 8,352,730 - Apple Inc. v. Proxense, LLCAdverse judgmentPTAB · Apr 28, 2025 · IPR2024-01333 · APJ David C Mckone · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner and cancelled claims 1–6 and 8–17 after Patent Owner conceded their unpatentability.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“IPR2024-01333 based on the concessions of unpatentability made when Patent Owner authorized entry of the Examiner’s amendment in EPR 90/015,052.” Paper 29, 1. “Patent Owner has conceded the unpatentability of the claims at issue in this proceeding by authorizing entry of the Examiner’s amendment in EPR 90/015,052. As such, Patent Owner requests adverse judgment pursuant to 42.73(b)(3).” Id. “Petitioner Apple agrees to Patent Owner’s request for adverse judgment in IPR2024-00232.” Ex. 3004. Rule 47.73(b)(3) provides that “[a] party may request adverse judgment against itself at any time during a proceeding” and that “[a]ctions construed to be a request for adverse judgment include . . . [c]oncession of unpatentability . . . of the contested subject matter.” 37 C.F.R. § 42.73(b)(3). We grant Patent Owner’s request for adverse judgment.” slip op. at 2
- PTAB / AIA Trials › §315(e) estoppelOther
“Reexamination Control No. 90/015,052 (Paper 27). Paper 29, 1–3. “Patent Owner is also agreeing to follow the estoppel provisions of 42.73(d)(3).” Id. at 3. Petitioner “does not oppose Patent Owner’s request to lift the stay in EPR 90/015,052,” but requests that we “include in [our] judgment a recommendation to the Examiner in EPR 90/015,052 to consider whether the Patent Owner should be estopped under 37 C.F.R. 42.73(d)(3)(i) from ‘taking action inconsistent with the adverse judgment, including obtaining in or canceled claim.” Ex. 3004. We hereby lift the stay in Reexamination Control No. 90/015,052. We also recommend that the Reexamination Examiner consider whether estoppel under 37 C.F.R. § 42.73(d)(3)(i) should preclude Patent Owner from taking action inconsistent with this adverse judgment.” slip op. at 2
NonePatents in suitUS 8,352,730 - Apple Inc. v. Proxense, LLCAdverse judgmentPTAB · Apr 28, 2025 · IPR2024-00232 · APJ David C Mckone · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner, cancelled claims 1–6 and 8–17, and lifted the stay of the concurrent reexamination after Patent Owner conceded unpatentability.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“IPR2024-01333 based on the concessions of unpatentability made when Patent Owner authorized entry of the Examiner’s amendment in EPR 90/015,052.” Paper 29, 1. “Patent Owner has conceded the unpatentability of the claims at issue in this proceeding by authorizing entry of the Examiner’s amendment in EPR 90/015,052. As such, Patent Owner requests adverse judgment pursuant to 42.73(b)(3).” Id. “Petitioner Apple agrees to Patent Owner’s request for adverse judgment in IPR2024-00232.” Ex. 3004. Rule 47.73(b)(3) provides that “[a] party may request adverse judgment against itself at any time during a proceeding” and that “[a]ctions construed to be a request for adverse judgment include . . . [c]oncession of unpatentability . . . of the contested subject matter.” 37 C.F.R. § 42.73(b)(3). We grant Patent Owner’s request for adverse judgment.” slip op. at 2
- PTAB / AIA Trials › §315(e) estoppelOther
“Reexamination Control No. 90/015,052 (Paper 27). Paper 29, 1–3. “Patent Owner is also agreeing to follow the estoppel provisions of 42.73(d)(3).” Id. at 3. Petitioner “does not oppose Patent Owner’s request to lift the stay in EPR 90/015,052,” but requests that we “include in [our] judgment a recommendation to the Examiner in EPR 90/015,052 to consider whether the Patent Owner should be estopped under 37 C.F.R. 42.73(d)(3)(i) from ‘taking action inconsistent with the adverse judgment, including obtaining in or canceled claim.” Ex. 3004. We hereby lift the stay in Reexamination Control No. 90/015,052. We also recommend that the Reexamination Examiner consider whether estoppel under 37 C.F.R. § 42.73(d)(3)(i) should preclude Patent Owner from taking action inconsistent with this adverse judgment.” slip op. at 2
NonePatents in suitUS 8,352,730 - Microsoft Corporation v. Proxsense LLCAdverse judgmentPTAB · Nov 12, 2024 · IPR2024-01328 · APJ Kevin F Turner · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed all challenged claims in IPR2024-01328.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request adverse judgment against itself at any time. 37 C.F.R. § 42.73(b). Here, Patent Owner requests adverse judgment in each proceeding because no claims remain in the trial after Patent Owner’s disclaimer of all the claims at issue in this proceedings. See 37 C.F.R. § 42.73(b)(2). We grant Patent Owner’s requests and enter judgment against Patent Owner under 37 C.F.R. § 42.73(b) in both proceedings.” slip op. at 2
NonePatents in suitUS 9,298,905 - Microsoft Corporation v. Proxsense LLCAdverse judgmentPTAB · Nov 12, 2024 · IPR2024-00776 · APJ Kevin F Turner · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed claims 1, 3-7, 9, 10, and 12-18.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request adverse judgment against itself at any time. 37 C.F.R. § 42.73(b). Here, Patent Owner requests adverse judgment in each proceeding because no claims remain in the trial after Patent Owner’s disclaimer of all the claims at issue in this proceedings. See 37 C.F.R. § 42.73(b)(2). We grant Patent Owner’s requests and enter judgment against Patent Owner under 37 C.F.R. § 42.73(b) in both proceedings.” slip op. at 2
NonePatents in suitUS 9,298,905 - Google LLC / Apple Inc. v. Proxsense LLCAdverse judgmentPTAB · Nov 1, 2024 · IPR2024-01335 · APJ Kevin F Turner · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after disclaimer of claims 1–7 and 9–18 of the ’905 patent.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request adverse judgment against itself at any time. 37 C.F.R. § 42.73(b). Here, Patent Owner requests adverse judgment because no claims remain in the trial after Patent Owner’s disclaimer of all the claims at issue in this proceedings. See 37 C.F.R. § 42.73(b)(2). We grant Patent Owner’s request and enter judgment against Patent Owner under 37 C.F.R. § 42.73(b) in this proceeding. ORDER Accordingly, it is: ORDERED that Patent Owner’s request for adverse judgment is granted, and judgment is entered against Patent Owner under 37 C.F.R. § 42.73(b) with respect to claims 1–7 and 9–18 of U.S. Patent No. 9,298,905 B1.” slip op. at 2
NonePatents in suitUS 9,298,905 - Google LLC / Apple Inc. v. Proxsense LLCAdverse judgmentPTAB · Nov 1, 2024 · IPR2024-00234 · APJ Kevin F Turner · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after disclaimer of claims 1–7 and 9–18.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request adverse judgment against itself at any time. 37 C.F.R. § 42.73(b). Here, Patent Owner requests adverse judgment because no claims remain in the trial after Patent Owner’s disclaimer of all the claims at issue in this proceedings. See 37 C.F.R. § 42.73(b)(2). We grant Patent Owner’s request and enter judgment against Patent Owner under 37 C.F.R. § 42.73(b) in this proceeding.” slip op. at 2
NonePatents in suitUS 9,298,905 - 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 - Securus Technologies, Inc. v. Global Tel*link CorporationAdverse judgmentPTAB · Jan 10, 2017 · IPR2016-01446 · APJ Georgianna W Braden · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–5 because those claims were statutorily disclaimed.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentOther
“Under 37 C.F.R. § 42.73(b), a party may request an adverse judgment at any time during a proceeding. Disclaimer of claims, such that a party has no remaining claim in the proceeding, is deemed a request for entry of adverse judgment. 37 C.F.R. § 42.73 (b)(1) & (2). Accordingly, we construe Patent Owner’s statutory disclaimer of all of the challenged claims in the ’798 patent as a request for adverse judgment.” slip op. at 2
NonePatents in suitUS 7,333,798
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