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17 decisions · 539msnewest first
  • PTAB · Oct 1, 2026 · PGR2026-00035 · APJ Robert L Kinder · PGR · Adverse judgment

    The Board entered adverse judgment against Patent Owner for abandoning the contest and canceled the sole challenged claim.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “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). Our prior order warned that a failure to respond would be construed as an abandonment of the contest under 37 C.F.R. § 42.73(b)(4), and that entry of judgment adverse to Patent Owner and cancellation of the challenged claim may follow. Show Cause Order, 2. Because Patent Owner did not respond by the September 15, 2026, deadline and has not entered an appearance in this proceeding, we determine that Patent Owner has abandoned the contest. Under these circumstances, we enter judgment adverse to the Patent Owner and cancel the challenged design claim.” slip op. at 2

    None
  • PTAB · Jun 29, 2026 · IPR2025-01512 · APJ Arthur M Peslak · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment, cancelled claims 1–27, and terminated the proceeding.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “A party may request entry of adverse judgment against itself at any time during an inter partes review proceeding. See 37 C.F.R. § 42.73(b). Under these circumstances, entry of judgment adverse to the Patent Owner is appropriate as to claims 1–27 of the ’612 patent. Consequently, we grant Patent Owner's request for adverse judgment.” slip op. at 2

    • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
    None
    Patents in suitUS 11,971,612
  • PTAB · Jun 3, 2026 · PGR2025-00086 · APJ Tawen Chang · PGR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment and terminated the PGR as to claims 1–34 after Patent Owner disclaimed all challenged claims.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “A party may request judgment against itself at any time during a proceeding,” including by “[d]isclaimer of the involved application or patent” or “[c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” 37 C.F.R. §§ 42.73(b)(1)–(b)(2). Accordingly, we grant Patent Owner’s Request for Adverse Judgment and terminate the proceeding. slip op. at 2

    None
    Patents in suitUS 12,290,598
  • PTAB · Sep 8, 2025 · IPR2024-01382 · APJ Kimberly Mcgraw · IPR · Adverse judgment

    The Board granted Patent Owner’s withdrawal of its motion to amend and entered adverse judgment against all challenged claims after their statutory disclaimer, terminating the IPR.

    RulingsAdverse judgment
    • PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend, grantedGranted

      “In view of the facts presented, including that no decision as to the patentability of the proposed substitute claims has yet been made and Petitioner does not oppose the withdrawal, we grant Patent Owner’s Motion to Withdraw its Motion to Amend.” slip op. at 2

    • Adverse judgmentAdverse judgmentGranted

      “Under our rules, a party may request adverse judgment against itself at any time during a proceeding, including by disclaiming all claims involved in a trial. 37 C.F.R. §42.73(b). Because Patent Owner’s request to withdraw its Motion to Amend has been granted and Patent Owner has disclaimed all Challenged Claims such that no claims remain in the trial, we grant Patent Owner’s Motion to Terminate by Adverse Judgment.” slip op. at 3

    None
    Patents in suitUS 11,740,423
  • PTAB · Sep 8, 2025 · IPR2024-01228 · APJ Kimberly Mcgraw · IPR · Adverse judgment

    The Board granted Patent Owner’s withdrawal of its motion to amend and entered adverse judgment on the disclaimed challenged claims, terminating the IPR.

    RulingsAdverse judgment
    • PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend, grantedGranted

      “In view of the facts presented, including that no decision as to the patentability of the proposed substitute claims has yet been made and Petitioner does not oppose the withdrawal, we grant Patent Owner’s Motion to Withdraw its Motion to Amend.” slip op. at 2

    • Adverse judgmentAdverse judgmentGranted

      “Under our rules, a party may request adverse judgment against itself at any time during a proceeding, including by disclaiming all claims involved in a trial. 37 C.F.R. §42.73(b). Because Patent Owner’s request to withdraw its Motion to Amend has been granted and Patent Owner has disclaimed all Challenged Claims such that no claims remain in the trial, we grant Patent Owner’s Motion to Terminate by Adverse Judgment.” slip op. at 3

    None
    Patents in suitUS 11,656,422
  • PTAB · Sep 8, 2025 · IPR2024-01227 · APJ Christopher M Kaiser · IPR · Adverse judgment

    The Board granted Patent Owner’s withdrawal of its motion to amend and entered adverse judgment after it disclaimed challenged claims 1–5 and 8–13, terminating the IPR.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Under our rules, a party may request adverse judgment against itself at any time during a proceeding, including by disclaiming all claims involved in a trial. 37 C.F.R. §42.73(b). Because Patent Owner’s request to withdraw its Motion to Amend has been granted and Patent Owner has disclaimed all Challenged Claims such that no claims remain in the trial, we grant Patent Owner’s Motion to Terminate by Adverse Judgment.” slip op. at 3

    • PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend, grantedGranted

      “In view of the facts presented, including that no decision as to the patentability of the proposed substitute claims has yet been made and Petitioner does not oppose the withdrawal, we grant Patent Owner’s Motion to Withdraw its Motion to Amend.” slip op. at 2

    None
    Patents in suitUS 11,435,542
  • PTAB · Sep 8, 2025 · IPR2024-01218 · APJ Kimberly Mcgraw · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment after it disclaimed challenged claims 1–5 and 8–13, terminating the inter partes review.

    RulingsAdverse judgment
    • PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend, grantedGranted

      “In view of the facts presented, including that no decision as to the patentability of the proposed substitute claims has yet been made and Petitioner does not oppose the withdrawal, we grant Patent Owner’s Motion to Withdraw its Motion to Amend.” slip op. at 2

    • Adverse judgmentAdverse judgmentGranted

      “Under our rules, a party may request adverse judgment against itself at any time during a proceeding, including by disclaiming all claims involved in a trial. 37 C.F.R. §42.73(b). Because Patent Owner’s request to withdraw its Motion to Amend has been granted and Patent Owner has disclaimed all Challenged Claims such that no claims remain in the trial, we grant Patent Owner’s Motion to Terminate by Adverse Judgment.” slip op. at 3

    None
    Patents in suitUS 10,795,107
  • PTAB · Feb 28, 2025 · PGR2024-00014 · APJ Barry L Grossman · PGR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment against itself and held claims 33–36 unpatentable.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “October 25, 2024, from counsel for Patent Owner, Patent Owner requested authorization to file “a request for adverse judgment against itself under 37 C.F.R. § 42.73(b).” Ex. 3003 (emphases added). Our Rule 42.73(b) states “A party may request judgment against itself at any time during a proceeding.” The Board granted Patent Owner’s request. Ex. 3003. Patent Owner then filed its “Request for Adverse Judgment Pursuant to 37 C.F.R. § 42.73(b).” Paper 11 (Request for Adverse Judgment). This Request, however, stated, in error, that Patent Owner requested “adverse judgment against Petitioner on claims 33-36, pursuant to 37 C.F.R. § 42.73(b)(4).” Id. (emphases added). Our Rule 42.73(b)(4) concerns “[a]ctions construed to be a request for adverse judgment.” 37 C.F.R. § 42.73(b)(4) (emphasis added). Subsection (b)(4) states one of the actions construed to be a request for adverse judgment is “[a]bandonment of the contest.” Id. The actions construed to be a request for adverse judgment, however, are never reached when a party states unequivocally that it requests “judgment against itself.” that the Request for Adverse Judgement is seeking adverse judgment against itself, not Petitioner. Id. As stated in the title of Patent Owner’s Request for Adverse Judgment, we consider this request under our Rule 42.73(b). As corrected, the Request seeks a “final adverse judgment against [Patent Owner] on claims 33-36,” which are all the challenged claims. Thus, claims 33–36 are held to be unpatentable. 1” slip op. at 2

    None
    Patents in suitUS 11,781,703
  • PTAB · Feb 17, 2023 · PGR2022-00046 · APJ Robert L Kinder · PGR · Adverse judgment

    The Board entered adverse judgment against Patent Owner after it disclaimed the sole challenged claim, which the Board cancelled.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “proceeding. 37 C.F.R. § 42.73(b). Actions construed as a request for entry of adverse judgment include “[c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Id.” slip op. at 3

    None
  • PTAB · Jun 3, 2016 · IPR2015-01795 · APJ William V Saindon · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment and ordered cancellation of claims 1–4 of the ’386 patent.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “II. DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Also, under 37 C.F.R. § 42.73(b)(2), actions construed as a request for entry of adverse judgment include cancellation of a claim such that the party has no remaining claim in the trial. Here, Patent Owner has requested cancellation of all the claims identified for trial and expressly requested entry of adverse judgment. Paper 14. Patent Owner’s requests for cancellation of claims 1–4 of the ’386 patent and for entry of adverse judgment are granted.” slip op. at 2

    None
    Patents in suitUS 8,647,386
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