- PTAB · Oct 15, 2025 · PGR2025-00002 · APJ Frederick C Laney · PGR · Adverse judgment
After Patent Owner disclaimed claims 1–78, the Board granted its motion for adverse judgment and terminated the post-grant review.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under 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”). Thus, actions construed to be a request for adverse judgment include cancellation of patent claims such that a party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Because Patent Owner has disclaimed all challenged claims such that no claims remain in the trial, we grant Patent Owner’s Motion to Terminate by Adverse Judgment.” slip op. at 2
NonePatents in suitUS 12,134,952 - Samsung Bioepis Co., Ltd. / Celltrion, Inc. et al. v. Regeneron Pharmaceuticals, Inc.Adverse judgmentPTAB · Jul 23, 2024 · IPR2024-00298 · APJ Ryan H Flax · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–30 after it disclaimed every challenged claim, terminating the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without rendering a final written decision, where appropriate . . . .” Further, 37 C.F.R. § 42.73(b)(1) and (2) together state that, “[a] party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include . . . [d]isclaimer of the involved application or patent [and] [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Thus, in disclaiming every claim in the ’572 patent, Patent Owner has constructively requested adverse judgement. Ex. 3005.” slip op. at 2
NonePatents in suitUS 11,253,572 - Samsung Bioepis Co., Ltd. / Celltrion, Inc. et al. v. Regeneron Pharmaceuticals, Inc.Adverse judgmentPTAB · Jul 23, 2024 · IPR2024-00260 · APJ Ryan H Flax · IPR · Adverse judgment
Adverse judgment was entered against Patent Owner as to claims 1–30 after it disclaimed all challenged claims, and the proceeding was terminated.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without rendering a final written decision, where appropriate . . . .” Further, 37 C.F.R. § 42.73(b)(1) and (2) together state that, “[a] party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include . . . [d]isclaimer of the involved application or patent [and] [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Thus, in disclaiming every claim in the ’572 patent, Patent Owner has constructively requested adverse judgement. Ex. 3005. We grant Patent Owner’s request. Several exhibits filed in this proceeding were done so under seal as” slip op. at 2
NonePatents in suitUS 11,253,572 - Samsung Bioepis Co., Ltd. / Celltrion, Inc. et al. v. Regeneron Pharmaceuticals, Inc.Adverse judgmentPTAB · Jul 23, 2024 · IPR2023-00884 · APJ Ryan H Flax · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–30 after their disclaimer and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without rendering a final written decision, where appropriate . . . .” Further, 37 C.F.R. § 42.73(b)(1) and (2) together state that, “[a] party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include . . . [d]isclaimer of the involved application or patent [and] [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Thus, in disclaiming every claim in the ’572 patent, Patent Owner has constructively requested adverse judgement. Ex. 3005. We grant Patent Owner’s request. Several exhibits filed in this proceeding were done so under seal as” slip op. at 2
NonePatents in suitUS 11,253,572 - PTAB · Feb 21, 2024 · IPR2023-01312 · APJ Jamie T Wisz · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–18 after Patent Owner disclaimed all claims, and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“requisite fees. See Ex. 2104; see also 37 C.F.R. § 1.321 (setting forth requirements for statutory disclaimer). Under 37 C.F.R. § 42.73(b), “[a]ctions construed to be a request for adverse judgment include . . . (2) [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Because Patent Owner has disclaimed all claims of the ’992 patent, we construe this disclaimer as a request for adverse judgment, and we enter adverse judgment against the Patent Owner with respect to claims 1–18 of the ’992 patent. Accordingly, it is ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1–18 of U.S. Patent No. 10,464,992 B2; and” slip op. at 2
NonePatents in suitUS 10,464,992 - PTAB · Feb 21, 2024 · IPR2023-00462 · APJ Jamie T Wisz · IPR · Adverse judgment
After Patent Owner disclaimed claims 1–18, the Board entered adverse judgment against Patent Owner on those claims and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Patent Owner has disclaimed all claims of the ’992 patent and paid the requisite fees. See Ex. 2104; see also 37 C.F.R. § 1.321 (setting forth requirements for statutory disclaimer). Under 37 C.F.R. § 42.73(b), “[a]ctions construed to be a request for adverse judgment include . . . (2) [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Because Patent Owner has disclaimed all claims of the ’992 patent, we construe this disclaimer as a request for adverse judgment, and we enter adverse judgment against the Patent Owner with respect to claims 1–18 of the ’992 patent. Accordingly, it is ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1–18 of U.S. Patent No. 10,464,992 B2; and” slip op. at 2
NonePatents in suitUS 10,464,992 - Sabinsa Corporation v. Franco CavaleriAdverse judgmentPTAB · Jan 13, 2023 · PGR2022-00015 · APJ Susan L C Mitchell · PGR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment, canceled claims 1–7, and terminated the proceeding after Patent Owner requested cancellation of all claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“time during a proceeding. 37 C.F.R. § 42.73(b). Actions construed to be a request for adverse judgment include cancellation of patent claims such that a party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Patent Owner’s request to cancel claims 1–7 of the ’970 patent leaves no claim remaining in the trial. Accordingly, entry of adverse judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b) is appropriate. III. ORDER In consideration of the foregoing, it is hereby: ORDERED that Patent Owner’s Request for Entry of Adverse Judgment pursuant to 37 C.F.R. § 42.73(b) is granted;” slip op. at 2
NonePatents in suitUS 10,945,970 - Askeladden L.L.C. v. Finnavations, LLCAdverse judgmentPTAB · Jul 18, 2017 · IPR2016-01906 · APJ Meredith C Petravick · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner for all claims of the ’720 patent after Patent Owner disclaimed them.
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.” Id. Patent Owner has disclaimed, under 37 C.F.R. § 1.321, all of the claims of the ’720 patent (Ex. 2001), and explicitly requests that the Board enter adverse judgment against it (Paper 15). On July 17, 2017, Petitioner sent an email to the Board indicating that it did not oppose entry of adverse judgement. Having reviewed the Disclaimer and Request, we determine that entry of judgment against Patent Owner with respect to all of the claims of the ’720 patent is appropriate. Accordingly, it is ORDERED that adverse judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to all of the claims of U.S. Patent No. 8,132,720 B2;” slip op. at 1
NonePatents in suitUS 8,132,720 - PTAB · Sep 24, 2014 · IPR2014-00190 · APJ James A Tartal · IPR · Adverse judgment
The Board granted the Patent Owner’s request for adverse judgment and entered judgment against it on claims 3–8 and 10.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“for Abandonment of the Contest Under 37 C.F.R. § 42.73(b)(4) (“Req. for Adverse Judgment”). Paper 19. Under 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include abandonment of the contest. 37 C.F.R. § 42.73(b)(4). Patent Owner acknowledged that, in accordance with its request, all challenged claims (claims 3–8 and 10) of the ’425 patent will be cancelled. Req. for Adverse Judgment 2. Accordingly, it is hereby ORDERED that Patent Owner’s Request for Adverse Judgment for Abandonment of the Contest Under 37 C.F.R. § 42.73(b)(4) with respect to claims 3–8 and 10 of U.S. Patent No. 8,281,425 B2 patent is GRANTED; and, ORDERED that judgment is entered herein against Patent Owner with respect to claims 3–8 and 10 of U.S. Patent No. 8,281,425 B2.” slip op. at 2
NonePatents in suitUS 8,281,425 - PTAB · Sep 24, 2014 · IPR2014-00187 · APJ James A Tartal · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment and entered judgment against Patent Owner on claims 1, 2, and 9.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“for Abandonment of the Contest Under 37 C.F.R. § 42.73(b)(4) (“Req. for Adverse Judgment”). Paper 20. Under 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include abandonment of the contest. 37 C.F.R. § 42.73(b)(4). Patent Owner acknowledged that, in accordance with its request, all challenged claims (claims 1, 2, and 9) of the ’425 patent will be cancelled. Req. for Adverse Judgment 2.” slip op. at 2
NonePatents in suitUS 8,281,425
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.