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8 decisions · 312msnewest first
  • PTAB · Oct 1, 2025 · IPR2025-00097 · APJ Brent M Dougal · IPR · Adverse judgment

    The Board granted EcoFactor’s request for adverse judgment after it disclaimed claims 1–18 and terminated the proceeding.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “A party before the Board “may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). “Cancellation or disclaimer of a claim such that the party has no remaining claim in the trial” constitutes a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). As all claims of the ’394 Patent have been disclaimed, Patent Owner’s request for adverse judgment is granted, and the proceeding is terminated.” slip op. at 2

    None
    Patents in suitUS 11,835,394
  • PTAB · May 29, 2025 · IPR2024-00932 · APJ Mary C Hoffman · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment, terminated the trial, and cancelled claims 1 and 4–20.

    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). We understand Patent Owner’s May 19, 2025 email as a request for judgment against itself. Accordingly, on the record before us, 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. Accordingly, it is: ORDERED that Patent Owner’s May 19, 2025 email request for adverse judgment pursuant to 37 C.F.R. § 42.73(b) is granted;” slip op. at 3

    None
    Patents in suitUS 11,392,818
  • PTAB · Dec 3, 2024 · IPR2023-01387 · APJ Mahshid D Saadat · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment after it disclaimed all challenged claims 1–16 and 19.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “II. Discussion Per 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Also, actions which are construed to be a request for adverse judgement include “[c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Id. at § 42.73(b)(2). With the filing by Patent Owner of a statutory disclaimer of all challenged claims 1–16 and 19 in this proceeding, there are no remaining claims in this trial.” slip op. at 2

    None
    Patents in suitUS 8,204,737
  • PTAB · Dec 3, 2024 · IPR2023-01386 · APJ Jameson Lee · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment after it disclaimed all challenged claims 1–12 and did not respond to the show-cause order.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “at any time during a proceeding. Also, actions which are construed to be a request for adverse judgement include “[c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Id. at § 42.73(b)(2). With the filing by Patent Owner of a statutory disclaimer of all challenged claims 1–12 in this proceeding, there are no remaining claims in this trial. Because Patent Owner did not respond to the Show Cause Order, we construe Patent Owner’s statutory disclaimer of all challenged claims 1–12 as a request for entry of adverse judgment against Patent Owner. The request is granted.” slip op. at 2

    None
    Patents in suitUS 6,904,405
  • PTAB · Nov 12, 2013 · IPR2013-00376 · APJ Sally C Medley · IPR · Adverse judgment

    The Board granted New Bay Capital’s unopposed motion to terminate the proceeding and entered judgment after New Bay abandoned the contest.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “an unopposed motion to terminate this proceeding, representing that New Bay is abandoning the contest. Paper 16 at 1. New Bay’s abandonment of the contest is construed as a request for entry of adverse judgment. 37 C.F.R. § 42.73(b)(4); see” slip op. at 1

    • PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Granted

      “an unopposed motion to terminate this proceeding, representing that New Bay is abandoning the contest. Paper 16 at 1. New Bay’s abandonment of the contest is construed as a request for entry of adverse judgment. 37 C.F.R. § 42.73(b)(4); see” slip op. at 1

    None
    Patents in suitUS 7,490,151
  • PTAB · Nov 12, 2013 · IPR2013-00377 · APJ Sally C Medley · IPR · Adverse judgment

    The Board granted New Bay Capital, LLC’s unopposed motion to terminate and entered judgment terminating the proceeding after New Bay abandoned the contest.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “an unopposed motion to terminate this proceeding, representing that New Bay is abandoning the contest. Paper 13 at 1. New Bay’s abandonment of the contest is construed as a request for entry of adverse judgment. 37 C.F.R. § 42.73(b)(4) );” slip op. at 1

    None
    Patents in suitUS 7,418,504
  • PTAB · Nov 12, 2013 · IPR2013-00375 · APJ Sally C Medley · IPR · Adverse judgment

    The Board granted New Bay’s unopposed motion to terminate and terminated the proceeding after construing its abandonment as a request for adverse judgment.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “an unopposed motion to terminate this proceeding, representing that New Bay “is abandoning the contest.” Paper 15 at 1. New Bay’s abandonment of the contest is construed as a request for entry of adverse judgment. 37 C.F.R. § 42.73(b)(4); see” slip op. at 1

    None
    Patents in suitUS 6,502,135
  • PTAB · Nov 12, 2013 · IPR2013-00378 · APJ Sally C Medley · IPR · Adverse judgment

    The Board granted New Bay’s unopposed motion to terminate the proceeding and entered judgment after New Bay abandoned the contest; no trial had been instituted.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “an unopposed motion to terminate this proceeding, representing that New Bay is abandoning the contest. Paper 13 at 1. New Bay’s abandonment of the contest is construed as a request for entry of adverse judgment. 37 C.F.R. § 42.73(b)(4); see” slip op. at 1

    None
    Patents in suitUS 7,921,211

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