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9 decisions · 441msnewest 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 · Oct 10, 2024 · IPR2024-00456 · APJ Garth D Baer · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment after it disclaimed claims 1–9, 15–22, and 24–27.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Rule 42.73(b) permits a party to “request judgment against itself at any time during a proceeding,” and states that “disclaimer of a claim such that the party has no remaining claim in the trial” will be construed as a request for adverse judgment. Under these circumstances, we grant Patent Owner’s motion for adverse judgment. ORDER It is: ORDERED that Patent Owner’s Motion for adverse judgment (Paper 28) is GRANTED, and FURTHER ORDERED that judgment is entered against Patent Owner with respect to claims 1–9, 15–22, and 24–27 of the ’888 patent.” slip op. at 2

    None
    Patents in suitUS 8,612,888
  • PTAB · Oct 1, 2024 · IPR2024-00404 · APJ Garth D Baer · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment after it disclaimed all challenged claims: 1, 3, 4, 7-10, 13, 14, 16-18, and 22.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Rule 42.73(b) permits a party to “request judgment against itself at any time during a proceeding,” and states that “disclaimer of a claim such that the party has no remaining claim in the trial” will be construed as a request for adverse judgment. Under these circumstances, we grant Patent Owner’s motion for adverse judgment.” slip op. at 2

    None
    Patents in suitUS 8,624,844
  • 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 · Dec 17, 2021 · IPR2021-00489 · APJ Jeffrey W Abraham · IPR · Adverse judgment

    The Board granted Patent Owner’s unopposed request for adverse judgment and terminated the IPR.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “II. DISCUSSION Under 37 C.F.R. § 42.73(b), “[a] party may request judgment against itself at any time during a proceeding.” As permitted by this Rule, Patent Owner has explicitly asked the Board to enter adverse judgment against Patent Owner under 37 C.F.R. § 42.73(b). Paper 11, 1. Having reviewed Patent Owner’s unopposed request for adverse judgment, we determine that entry of judgment against Patent Owner is appropriate. Thus, we grant the request for adverse judgment pursuant to 37 C.F.R. § 42.73(b). III. ORDER Accordingly, it is ORDERED that adverse judgment is entered against Patent Owner and this inter partes review is terminated pursuant to 37 C.F.R. § 42.73(b).” slip op. at 2

    None
    Patents in suitUS 9,671,097
  • PTAB · Aug 31, 2015 · IPR2015-00385 · APJ Grace Karaffa Obermann · IPR · Adverse judgment

    The Board granted Patent Owner’s unopposed motion for adverse judgment after Patent Owner disclaimed claims 1–5.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “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. Patent Owner has requested cancellation of each claim for which this review was instituted. Paper 14, Appendix A. Under these circumstances, Patent Owner’s Unopposed Motion for Adverse Judgment is granted and judgment adverse to Patent Owner is entered. This constitutes a final written decision under 35 U.S.C. § 318(a). It is ORDERED that Patent Owner’s Unopposed Motion for Adverse Judgment is granted; FURTHER ORDERED that adverse judgment against Patent Owner is entered under 37 C.F.R. § 42.73(b); and FURTHER ORDERED that this constitutes a final written decision under 35 U.S.C. § 318(a).” slip op. at 2

    None
    Patents in suitUS 8,237,294

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