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15 decisions · 354msnewest first
  • PTAB · Mar 21, 2025 · IPR2024-00916 · APJ Hyun J Jung · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner based on abandonment of the contest and cancelled claims 1–24 of the ’637 patent.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “judgment include . . . [a]bandonment of the contest.” 37 C.F.R. § 42.73(b)(4). Patent Owner’s failure to file mandatory notices, a preliminary response, a response to the Petition, and a response to the Order to Show Cause and failure to take any other substantive action are consistent with abandonment of the contest. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the challenged claims are appropriate.” slip op. at 3

    None
    Patents in suitUS 7,480,637
  • PTAB · Mar 21, 2025 · IPR2024-00915 · APJ Hyun J Jung · IPR · Adverse judgment

    The Board entered adverse judgment against Jabaa, L.L.C. after abandonment of the contest and cancelled claims 1–24 of the ’637 patent.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “judgment include . . . [a]bandonment of the contest.” 37 C.F.R. § 42.73(b)(4). Patent Owner’s failure to file mandatory notices, a preliminary response, a response to the Petition, and a response to the Order to Show Cause and failure to take any other substantive action are consistent with abandonment of the contest. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the challenged claims are appropriate.” slip op. at 3

    None
    Patents in suitUS 7,480,637
  • 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 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 · Jan 9, 2023 · IPR2022-00542 · APJ Hyun J Jung · IPR · Adverse judgment

    The Board entered adverse judgment against Ginegar on claims 1–16 of the ’865 patent after its request and disclaimer; those claims are cancelled.

    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 requests and the cited decisions and exhibit, we determine that entry of judgment against the Patent Owner with respect to claims 1 and 2 of the ’521 patent and claims 1–16 of the ’865 patent 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 and 2 of U.S. Patent No. 9,367,521 B2 and claims 1–16 of U.S. Patent No. 9,760,865 B2; FURTHER ORDERED that claims 1 and 2 of U.S. Patent No. 9,367,521 B2 and claims 1–16 of U.S. Patent No. 9,760,865 B2 are cancelled; and FURTHER ORDERED that this Order constitutes a final written decision under 35 U.S.C. § 318(a) for each of the captioned proceedings.” slip op. at 2

    None
    Patents in suitUS 9,760,865
  • PTAB · Jan 9, 2023 · IPR2022-00541 · APJ Hyun J Jung · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner and cancelled claims 1–2 of the ’521 patent and claims 1–16 of the ’865 patent.

    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 requests and the cited decisions and exhibit, we determine that entry of judgment against the Patent Owner with respect to claims 1 and 2 of the ’521 patent and claims 1–16 of the ’865 patent is appropriate.” slip op. at 2

    None
    Patents in suitUS 9,367,521
  • PTAB · Jan 31, 2018 · IPR2017-01777 · APJ Patrick R Scanlon · IPR · Adverse judgment

    The Board denied institution because Patent Owner recorded a statutory disclaimer of all challenged claims.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentDenied

      “Under 37 C.F.R. § 42.107(e), “patent owner may file a statutory disclaimer under 35 U.S.C. 253(a) in compliance with § 1.321(a) of this chapter, disclaiming one or more claims in the patent” and “[n]o inter partes review will be instituted based on disclaimed claims.” A disclaimer under 35 U.S.C. § 253(a) is “considered as part of the original patent” once it is “recorded” in the Office. 35 U.S.C. § 253(a).” slip op. at 3

    Discretionary denial
    Patents in suitUS 8,167,043
  • PTAB · Dec 19, 2017 · IPR2017-00431 · APJ George R Hoskins · IPR · Adverse judgment

    The Board denied termination and entered adverse judgment against Patent Owner after it disclaimed the only claim remaining in the trial, claim 9.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentDecided for petitioner

      “A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). “Actions construed to be a request for adverse judgment include . . . [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Id. § 42.73(b)(2). That is the case here, where Patent Owner has disclaimed claim 9, the only claim remaining in the present trial. Under these circumstances, entry of judgment adverse to the Patent Owner is appropriate.” slip op. at 2

    None
    Patents in suitUS 8,695,920
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