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  • PTAB · Jan 24, 2025 · IPR2024-00276 · APJ Michael J Fitzpatrick · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on all challenged claims, 1–3, 6, 12, 14, 16, 18, and 19, after their disclaimer, and terminated the IPR.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Request For Adverse Judgment. Paper 21 (“Mot.”). In the Joint Motion, the parties “jointly move to terminate the present inter partes review proceeding in light of the disclaimer filed by Patent Owner disclaiming all challenged claims.” Mot. 1 (citing 37 C.F.R. § 42.73; Ex. 2001). The cited exhibit is a disclaimer, filed October 24, 2024, under 37 C.F.R. § 1.321(a), of claims 1–3, 6, 12, 14, 16, 18, and 19 of the ’194 patent, which constitute all of the claims challenged in the inter partes review. Ex. 2001. In view of the disclaimer, “Patent Owner requests entry of adverse judgment as to [the challenged and now disclaimed] claims.” Mot. 1. We grant the Motion. Accordingly, it is: ORDERED that adverse judgment is entered against Patent Owner as” slip op. at 2

    None
    Patents in suitUS 9,415,194
  • PTAB · Jan 24, 2025 · IPR2024-00275 · APJ Michael J Fitzpatrick · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on all challenged, disclaimed claims and terminated the inter partes review.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “C.F.R. § 1.321(a), of claims 9, 14, 16, 18, 20, 22–24, 44, and 46 of the ’597 patent, which constitute all of the claims challenged in the inter partes review. Ex. 2001. In view of the disclaimer, “Patent Owner requests entry of adverse judgment as to [the challenged and now disclaimed] claims.” Mot. 1. We grant the Motion. Accordingly, it is: ORDERED that adverse judgment is entered against Patent Owner as to claims 9, 14, 16, 18, 20, 22–24, 44, and 46 of U.S. Patent No. 9,072,597 B2; and FURTHER ORDERED that the inter partes review is terminated.” slip op. at 2

    None
    Patents in suitUS 9,072,597
  • PTAB · Aug 28, 2024 · IPR2023-01347 · APJ Sheridan K Snedden · IPR · Adverse judgment

    The Board granted Patent Owner’s unopposed request for adverse judgment and cancelled claim 16 after Patent Owner disclaimed all interest in it.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “DISCUSSION Under 37 C.F.R. § 42.73(b), “[a] party may request judgment against itself at any time during a proceeding.” While the motion for adverse judgment was initiated by Petitioner, Patent Owner does not oppose the motion and the record shows that Patent Owner has disclaimed all interest in claim 161 such that Patent Owner has no remaining claim in the trial, actions that are construed to be a request for adverse judgment. Id.” slip op. at 3

    None
    Patents in suitUS 10,633,344
  • PTAB · Aug 3, 2022 · IPR2021-01469 · APJ Garth D Baer · IPR · Adverse judgment

    The Board granted Patent Owner’s motion for adverse judgment, entering judgment against it on claims 9, 10, 19, and 26.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Rule 42.73(b) permits a party to “request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Under these circumstances, we grant Patent Owner’s Unopposed Motion for Adverse Judgment. ORDER It is: ORDERED that Patent Owner’s Motion for adverse judgment (Paper 16) is GRANTED, and FURTHER ORDERED that judgment is entered against Patent Owner with respect to claims 9, 10, 19, and 26 of the ’790 patent.” slip op. at 2

    None
    Patents in suitUS 8,817,790
  • PTAB · Jun 13, 2022 · IPR2021-00969 · APJ Juliet Mitchell Dirba · IPR · Adverse judgment

    After Patent Owner disclaimed all claims, the Board entered adverse judgment against Patent Owner and terminated the IPR.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “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). Patent Owner disclaimed all of the claims of the ’932 patent, and no claims remain in this proceeding. Therefore, adverse judgment is appropriate. See id.; see also Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1349 (Fed. Cir. 2018) (“[Rule 42.73(b)] gives the Board authority to construe a patent owner’s actions as a request for an adverse judgment.”).” slip op. at 3

    None
    Patents in suitUS 6,977,932
  • PTAB · Jan 17, 2014 · IPR2013-00278 · APJ Thomas L Giannetti · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment and cancelled all challenged claims: 4, 6-9, 13-17, 20, 35-39, 42, 47-50, 53-57, and 60.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). No motion to amend the claims is pending, and, in fact, Patent Owner has requested that each claim for which this inter partes review was instituted be cancelled. Paper 14 at 2. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims as requested is appropriate.” slip op. at 2

    None
    Patents in suitUS 5,592,555

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.