- Reolink Innovation Inc. / Shenzhen Reolink Technology Co., Ltd. v. Throughtek Co. Ltd.Adverse judgmentPTAB · May 19, 2026 · IPR2025-01327 · APJ Sheila F Mcshane · IPR · Adverse judgment
The Board entered adverse judgment against Throughtek on claims 1–19 after finding it abandoned the contest by failing to file mandatory notices or respond to the show-cause order.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“The Order to Show Cause explained that under 37 C.F.R. § 42.73(b), “[a]ctions construed to be a request for adverse judgment include . . . [a]bandonment of the contest.” Paper 8, 3. The Order to Show Cause also explained that failure to participate in a proceeding, such as failure to file mandatory notices as required under 37 C.F.R. § 42.8, may be considered abandonment of the contest and result in adverse judgment against Patent Owner under 37 C.F.R. § 42.73(b). Id. (citing Cellpak, Inc. v. Mambate USA Inc., IPR2021-00007, Paper 4 at 2 (PTAB Mar. 23, 2021)). The Order to Show Cause gave Patent Owner ten calendar days to show cause why adverse judgment should not be entered against it. Id. Patent Owner did not respond to the Order to Show Cause. More than ten calendar days have elapsed since the date the Order to Show Cause was entered, and Patent Owner has not filed mandatory notices. In view of Patent Owner’s failure to file mandatory notices within the specified time period, we determine that Patent Owner has abandoned the contest. Pursuant to 37 C.F.R. § 42.73(b)(4), we construe Patent Owner’s abandonment of the contest as a request for adverse judgment. Under these circumstances, we determine that entry of judgment against Patent Owner is appropriate.” slip op. at 3
NonePatents in suitUS 9,727,655 - 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 - PTAB · May 13, 2026 · IPR2025-01082 · APJ David C Mckone · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed the entire patent term, entering judgment against claims 1–10.
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 ’181 patent, Patent Owner’s request for adverse judgment is granted.” slip op. at 3
NonePatents in suitUS 6,888,181 - Google LLC v. 138 East LCD Advancements LimitedAdverse judgmentPTAB · May 21, 2025 · IPR2024-00956 · APJ Brian P Murphy · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment after it disclaimed claims 1–12, entering judgment against Patent Owner on those claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“§ 1.321(a) disclaiming all of the claims at issue in this proceeding, namely, claims 1–12 of the ’574 Patent. Ex. 2002; see also Paper 14, 2 (citing 37 C.F.R. § 1.321(a)). On May 16, 2025, Patent Owner filed a Request For Adverse Judgment stating that Patent Owner “requests judgment against itself under 37 C.F.R. § 42.73(b)(2), with respect to claims 1-12” of the ’574 patent. Paper 14, 2. Such a “disclaimer is binding upon the grantee and its successors or assigns.” 37 C.F.R. § 1.321(a). Pursuant to our rules, “[a] party may request judgment against itself at any time during a proceeding,” which includes “[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). See Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1350 (Fed. Cir. 2018) (“there is no claim remaining for trial . . . when, as here, all of the challenged claims have been cancelled”). For the reasons given above, we grant Patent Owner’s Request for Adverse Judgment pursuant to 37 C.F.R. § 42.73(b)(2). ORDER In consideration of the foregoing, it is hereby: ORDERED that Patent Owner’s Request for Adverse Judgment pursuant to 37 C.F.R. § 42.73(b)(2) is granted; and FURTHER ORDERED that adverse judgment is entered against Patent Owner with respect to claims 1–12 of the ’574 patent.” slip op. at 2
NonePatents in suitUS 8,355,574 - 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
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