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  • 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 · Jul 1, 2024 · IPR2023-00810 · APJ Jeffrey W Abraham · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1–30 after it disclaimed the entire term of the patent.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “The Board construes the disclaimer of a patent as a request for adverse judgment. 37 C.F.R. § 42.73(b)(1) (“Actions construed to be a request for adverse judgment include . . . [d]isclaimer of the involved . . . patent.”). In this case, the Board instituted trial on claims 1–30 of the ’971 patent, and Patent Owner subsequently filed a disclaimer of the entire term of the ’971 Patent. Ex. 2002. Accordingly, we construe Patent Owner’s disclaimer as a request for adverse judgment, and we grant that request.” slip op. at 2

    None
    Patents in suitUS 11,376,971
  • PTAB · May 21, 2024 · IPR2024-00222 · APJ Garth D Baer · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1–3, 6–23, and 25–33 based on abandonment of the contest.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Petition (Paper 2), requesting an inter partes review of claims 1–3, 6–23, and 25–33 of U.S. Patent No. 9,643,506 (Ex. 1001, “the ’506 patent”). Shenzhen Carku Technology Co. (“Patent Owner”) did not file mandatory notices despite its obligation to do so under our rules. See 37 C.F.R. § 42.8(b). In addition, the Board emailed the attorney of record listed on the ’506 patent as well as the attorney listed in the Petition’s certificate of service, but has not received any response. See Ex. 1003. Pursuant to our rules, “[a]ctions construed to be a request for adverse judgment include . . . [a]bandonment of the contest.” 37 C.F.R. § 42.73(b)(4). Patent Owner’s failure to file mandatory notices and its failure to respond to the Board’s email is consistent with abandonment of the contest. Accordingly, it is ORDERED that adverse judgment is entered against Patent Owner as to claims 1–3, 6–23, and 25–33 of the ’506 patent; and” slip op. at 2

    None
    Patents in suitUS 9,643,506

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