- Cloudflare, Inc. v. Sable Networks, Inc.Adverse judgmentPTAB · Jun 13, 2022 · IPR2021-00969 · APJ Juliet Mitchell Dirba · IPR · Adverse judgment
After Patent Owner disclaimed all claims, the Board entered adverse judgment against Patent Owner and terminated the IPR.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Our rules state that “disclaimer of a claim such that a party has no remaining claim in the trial” is “construed to be a request for adverse judgment.” 37 C.F.R. § 42.73(b). Patent Owner disclaimed all of the claims of the ’932 patent, and no claims remain in this proceeding. Therefore, adverse judgment is appropriate. See id.; see also Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1349 (Fed. Cir. 2018) (“[Rule 42.73(b)] gives the Board authority to construe a patent owner’s actions as a request for an adverse judgment.”).” slip op. at 3
NonePatents in suitUS 6,977,932 - Polygroup Services N.A., Inc. v. Willis Electric Co., Ltd.Adverse judgmentPTAB · Dec 17, 2021 · IPR2021-00489 · APJ Jeffrey W Abraham · IPR · Adverse judgment
The Board granted Patent Owner’s unopposed request for adverse judgment and terminated the IPR.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“II. DISCUSSION Under 37 C.F.R. § 42.73(b), “[a] party may request judgment against itself at any time during a proceeding.” As permitted by this Rule, Patent Owner has explicitly asked the Board to enter adverse judgment against Patent Owner under 37 C.F.R. § 42.73(b). Paper 11, 1. Having reviewed Patent Owner’s unopposed request for adverse judgment, we determine that entry of judgment against Patent Owner is appropriate. Thus, we grant the request for adverse judgment pursuant to 37 C.F.R. § 42.73(b). III. ORDER Accordingly, it is ORDERED that adverse judgment is entered against Patent Owner and this inter partes review is terminated pursuant to 37 C.F.R. § 42.73(b).” slip op. at 2
NonePatents in suitUS 9,671,097 - Lintec Corporation v. Nitto Denko CorporationAdverse judgmentPTAB · Aug 31, 2015 · IPR2015-00385 · APJ Grace Karaffa Obermann · IPR · Adverse judgment
The Board granted Patent Owner’s unopposed motion for adverse judgment after Patent Owner disclaimed claims 1–5.
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). No motion to amend the claims is pending. Patent Owner has requested cancellation of each claim for which this review was instituted. Paper 14, Appendix A. Under these circumstances, Patent Owner’s Unopposed Motion for Adverse Judgment is granted and judgment adverse to Patent Owner is entered. This constitutes a final written decision under 35 U.S.C. § 318(a). It is ORDERED that Patent Owner’s Unopposed Motion for Adverse Judgment is granted; FURTHER ORDERED that adverse judgment against Patent Owner is entered under 37 C.F.R. § 42.73(b); and FURTHER ORDERED that this constitutes a final written decision under 35 U.S.C. § 318(a).” slip op. at 2
NonePatents in suitUS 8,237,294
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.