- Microsoft Corporation / HP Inc. et al. v. Litl LLCAdverse judgmentPTAB · 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
NonePatents in suitUS 8,612,888 - HP Inc. / Dell Technologies Inc. et al. v. Litl LLCAdverse judgmentPTAB · 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
NonePatents in suitUS 8,624,844 - 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 denialPatents in suitUS 8,167,043 - Askeladden LLC v. Isourceloans LLCAdverse judgmentPTAB · Jun 16, 2015 · IPR2015-00138 · APJ Jeremy M Plenzler · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner at its request and cancelled instituted claims 21, 22, 28, 31, 32, and 36.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“claims 21–41 of U.S. Patent No. 7,340,435 B1 (Paper 2), and we instituted trial for claims 21, 22, 28, 31, 32, and 36 on April 20, 2015 (Paper 8). On June 15, 2015, Patent Owner (iSourceloans LLC) filed a request for Adverse Judgment pursuant to 37 C.F.R. § 42.73(b)(4). Paper 12. Under 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Patent Owner acknowledges that, in accordance with its request, the Board will terminate the proceeding and cancel all instituted claims. Id. at 2. Patent Owner further acknowledges that its actions subject it to the estoppel provisions of 37 C.F.R. § 42.73(d). Id. ORDER For the reasons given, it is ORDERED that adverse judgment is entered against Patent Owner under 37 C.F.R. § 42.73(b); and” slip op. at 2
NonePatents in suitUS 7,340,435 - Avx Corporation v. Greatbatch Ltd.Adverse judgmentPTAB · Jan 14, 2015 · IPR2014-01461 · APJ Jon B Tornquist · IPR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment, entered judgment against it on claims 1–20, and cancelled those claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party1 may request judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Although not titled as such, we interpret Patent Owner’s Preliminary Response as a request for adverse judgment under 37 C.F.R. § 42.73(b). Accordingly, it is ORDERED that Patent Owner’s request for judgment against itself is granted; FURTHER ORDERED that judgment is entered against Patent Owner under 37 C.F.R. § 42.73(b) with respect to claims 1–20 of U.S. Patent No. 7,244,279; and FURTHER ORDERED that claims 1–20 of U.S. Patent No. 7,244,279 are CANCELLED.” slip op. at 2
NonePatents in suitUS 7,244,279 - Larose Industries, LLC v. Choon’S Design, LLCAdverse judgmentPTAB · Jul 7, 2014 · IPR2014-00218 · APJ Grace Karaffa Obermann · IPR · Adverse judgment
The Board granted the joint motion and entered adverse judgment against Patent Owner after it disclaimed challenged claims 1, 5-8, 10, and 11.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“DISCUSSION A party may request entry of judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Actions construed as a request for adverse judgment include cancellation or disclaimer of patent claims, such that the party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Patent Owner has filed a statutory disclaimer that leaves no patent claim remaining in this inter partes review. Paper 16 at 2, Ex. A. Under these circumstances, entry of judgment adverse to Patent Owner is appropriate.” slip op. at 2
NonePatents in suitUS 8,485,565 - ABB Inc. v. Roy-G-Biv CorporationAdverse judgmentPTAB · Feb 26, 2014 · IPR2014-00122 · APJ Thomas L Giannetti · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner and cancelled challenged claims 5–16 after Patent Owner requested judgment and cancelled them.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“DISCUSSION 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 cancelled each claim for which inter partes review is sought. Paper 6 at 4. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims as requested is appropriate.” slip op. at 2
NonePatents in suitUS 6,941,543
Holdings, summaries, rulings, issues, outcomes, winners and claim constructions shown for a decision were generated by a large language model reading the opinion. They are a guide to the decision, not the decision. Confirm every one against the court's own text before relying on it. Outcomes read from the patent owner’s side. Party names are extracted from the decision and are missing on about 900 short Director denials and scans, which carry the trial number instead.