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8 decisions · 351msnewest first
  • PTAB · Oct 1, 2025 · IPR2025-00097 · APJ Brent M Dougal · IPR · Adverse judgment

    The Board granted EcoFactor’s request for adverse judgment after it disclaimed claims 1–18 and terminated the proceeding.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “A party before the Board “may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). “Cancellation or disclaimer of a claim such that the party has no remaining claim in the trial” constitutes a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). As all claims of the ’394 Patent have been disclaimed, Patent Owner’s request for adverse judgment is granted, and the proceeding is terminated.” slip op. at 2

    None
    Patents in suitUS 11,835,394
  • PTAB · May 29, 2025 · IPR2024-00932 · APJ Mary C Hoffman · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment, terminated the trial, and cancelled claims 1 and 4–20.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Our rules provide that “[a] party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). We understand Patent Owner’s May 19, 2025 email as a request for judgment against itself. Accordingly, on the record before us, we enter adverse judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b) and terminate the trial pursuant to 37 C.F.R. § 42.72. Accordingly, it is: ORDERED that Patent Owner’s May 19, 2025 email request for adverse judgment pursuant to 37 C.F.R. § 42.73(b) is granted;” slip op. at 3

    None
    Patents in suitUS 11,392,818
  • PTAB · Dec 3, 2024 · IPR2023-01387 · APJ Mahshid D Saadat · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment after it disclaimed all challenged claims 1–16 and 19.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “II. Discussion Per 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Also, actions which are construed to be a request for adverse judgement include “[c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Id. at § 42.73(b)(2). With the filing by Patent Owner of a statutory disclaimer of all challenged claims 1–16 and 19 in this proceeding, there are no remaining claims in this trial.” slip op. at 2

    None
    Patents in suitUS 8,204,737
  • PTAB · Dec 3, 2024 · IPR2023-01386 · APJ Jameson Lee · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment after it disclaimed all challenged claims 1–12 and did not respond to the show-cause order.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “at any time during a proceeding. Also, actions which are construed to be a request for adverse judgement include “[c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Id. at § 42.73(b)(2). With the filing by Patent Owner of a statutory disclaimer of all challenged claims 1–12 in this proceeding, there are no remaining claims in this trial. Because Patent Owner did not respond to the Show Cause Order, we construe Patent Owner’s statutory disclaimer of all challenged claims 1–12 as a request for entry of adverse judgment against Patent Owner. The request is granted.” slip op. at 2

    None
    Patents in suitUS 6,904,405
  • PTAB · 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

    None
    Patents in suitUS 8,063,736
  • PTAB · 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

    None
    Patents in suitUS 7,852,195
  • PTAB · Jul 12, 2023 · IPR2022-01172 · APJ Jon M Jurgovan · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1–4, 6, and 9 after it disclaimed those claims.

    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(a), claims 1–4, 6, and 9 of the ’397 patent, and explicitly requests that the Board enter adverse judgment against it with respect to claims 1–4, 6, and 9, the only claims at issue in this trial. Ex. 3001. Based on Patent Owner’s communication, and our review of Exhibit 2029, we determine that entry of judgment against Patent Owner with respect to claims 1–4, 6, and 9 of the ’397 patent is appropriate.” slip op. at 2

    None
    Patents in suitUS 10,564,397
  • PTAB · Jun 30, 2023 · IPR2022-01170 · APJ Norman H Beamer · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1–2 and 6–10 after their disclaimer, and vacated all scheduled due dates.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “II. DISCUSSION A party may request judgment against itself at any time during a 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(a), claims 1–2 and 6–10 of the ’487 patent, and explicitly requests that the Board enter adverse judgment against it with respect to claims 1–2 and 6–10, the only claims at issue in this trial. Ex. 3001. Based on Patent Owner’s communication, and our review of Exhibit 2024, we determine that entry of judgment against Patent Owner with respect to claims 1–2 and 6–10 of the ’487 patent is appropriate.” slip op. at 2

    None
    Patents in suitUS 10,209,487

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