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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 · Feb 29, 2024 · IPR2023-00848 · APJ Barbara A Parvis · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment and entered judgment against Patent Owner on claims 1–11 after abandonment.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Judgment (Paper 14, “Request for Adverse Judgment”), which states “[p]ursuant to 37 C.F.R. § 42.73(b)(4) Patent Owner makes this request for the Board to enter adverse judgment against Patent Owner with respect to claims 1-11” of the ’911 patent. Id. at 1. Patent Owner further states “Patent Owner makes this request because Patent Owner is not filing a Patent Owner Response and is abandoning this proceeding.” Id. Upon review of Patent Owner’s unopposed Request for Adverse Judgment, we grant the request for adverse judgment pursuant to 37 C.F.R. § 42.73(b)(4).” slip op. at 2

    None
    Patents in suitUS 10,931,911
  • PTAB · Jan 2, 2024 · IPR2023-00856 · APJ John R Kenny · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1–20 after it requested to abandon the contest, and terminated the three related IPR proceedings.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “A party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Thus, we grant Patent Owner’s Request. ORDER Accordingly, it is ORDERED that judgment is entered under 37 C.F.R. § 42.73(b)(4) against Patent Owner with respect to claims 1–20 of U.S. Patent No. 11,026,232 B2; and slip op. at 2

    None
    Patents in suitUS 11,026,232
  • PTAB · Jan 2, 2024 · IPR2023-00844 · APJ John R Kenny · IPR · Adverse judgment

    The Board entered adverse judgment against Dali Wireless on claims 1–20 after it requested to abandon the contest, and terminated the three related IPR proceedings.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “A party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Thus, we grant Patent Owner’s Request. slip op. at 2

    None
    Patents in suitUS 11,026,232
  • PTAB · Jan 2, 2024 · IPR2022-01242 · APJ John R Kenny · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1–20 after it requested to abandon the contest, and terminated the related IPR proceedings.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “A party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Thus, we grant Patent Owner’s Request. ORDER Accordingly, it is ORDERED that judgment is entered under 37 C.F.R. § 42.73(b)(4) against Patent Owner with respect to claims 1–20 of U.S. Patent No. 11,026,232 B2; and slip op. at 2

    None
    Patents in suitUS 11,026,232
  • PTAB · Mar 4, 2022 · IPR2020-01640 · APJ Jason W Melvin · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment and terminated review of challenged claims 2 and 3 after Patent Owner disclaimed them.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Owner indicates that it disclaimed all interest in the challenged claims. Response 1 (citing Ex. 2002 (Disclaimer under 37 C.F.R. § 1.321(a) of claims 2 and 3)). Patent Owner requests adverse judgment. Id.; see 37 C.F.R. § 42.73(b). Because Patent Owner satisfies the regulatory standard, we grant Patent Owner’s request. Accordingly, it is ORDERED that, pursuant to 37 C.F.R. § 42.73(b), inter partes review of claims 2 and 3 of the ’156 patent is terminated.2” slip op. at 2

    None
    Patents in suitUS 7,389,156
  • PTAB · Jan 19, 2022 · IPR2021-00416 · APJ Steven M Amundson · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner after it requested judgment following cancellation of claims 1–20 in a reissue application, and terminated the proceeding.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “The Board’s rules provide that “[a] party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b)(2). Because Patent Owner requests adverse judgment and Petitioner does not oppose, the entry of judgment adverse to Patent Owner is appropriate.” slip op. at 2

    None
    Patents in suitUS 10,079,737
  • PTAB · Nov 29, 2021 · PGR2021-00043 · APJ Terrence W Mcmillin · PGR · Adverse judgment

    The Board entered adverse judgment against Patent Owner after it abandoned the contest; claims 1–7 were canceled and the proceeding terminated.

    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). Moreover, certain actions taken by a party, such as “[a]bandonment of the contest,” can be construed as a request for adverse judgment against that party. Id. § 42.73(b)(4). Although we instituted a trial, we have not yet decided the merits of this proceeding. Accordingly, 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. It is: ORDERED that adverse judgment is entered against Patent Owner; FURTHER ORDERED that claims 1–7 of U.S. Patent No. 10,637,264” slip op. at 2

    None
    Patents in suitUS 10,637,264
  • PTAB · Apr 4, 2016 · IPR2015-01469 · APJ Karl D Easthom · IPR · Adverse judgment

    The Board entered adverse judgment against Gold Charm Limited and ordered claims 1 and 5 cancelled after Patent Owner abandoned the contest.

    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). Here, Patent Owner has requested to abandon the contest, which would be construed as a request for adverse judgment even apart from Patent Owner’s explicit request for adverse judgment. Id. § 42.73(b)(4). Under these circumstances, entry of judgment adverse to the Patent Owner and cancellation of claims 1 and 5 of the ʼ163 patent are appropriate. Patent Owner’s request for adverse judgment is granted.” slip op. at 2

    None
    Patents in suitUS 5,870,163
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