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  • PTAB · Sep 6, 2022 · IPR2021-01534 · APJ Richard H Marschall · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment after it disclaimed claims 1–18, 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). In addition, “[a]ctions construed to be a request for adverse judgment include . . . disclaimer of a claim such that the party has no remaining claim in the trial.” 37 C.F.R. § 42.73(b)(2). Because Patent Owner requests adverse judgment and disclaimed all claims of the ’956 patent, we grant Patent Owner’s request for adverse judgment.” slip op. at 2

    None
    Patents in suitUS 10,091,956
  • PTAB · Jan 28, 2016 · IPR2015-01841 · APJ Howard B Blankenship · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1, 17, and 61 after their statutory disclaimer, and terminated the proceeding.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Under 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. 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” (37 C.F.R § 42.73(b)(2)). No claim remains to be adjudicated in this proceeding. ORDER Accordingly, it is ORDERED that adverse judgment is entered against Patent Owner with respect to claims 1, 17, and 61 of the ’347 patent; and FURTHER ORDERED that this proceeding is terminated.” slip op. at 2

    None
    Patents in suitUS 7,688,347
  • PTAB · Dec 16, 2015 · IPR2015-01342 · APJ Howard B Blankenship · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1, 17–19, 27, 28, 60, 61, 68, and 71–73 and terminated the proceeding.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Under 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. 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” (37 C.F.R § 42.73(b)(2)). No claim remains to be adjudicated in this proceeding. ORDER Accordingly, it is ORDERED that adverse judgment is entered against Patent Owner with respect to claims 1, 17–19, 27, 28, 60, 61, 68, and 71–73 of the ’347 patent; and” slip op. at 2

    None
    Patents in suitUS 7,688,347
  • PTAB · Dec 16, 2015 · CBM2015-00050 · APJ Richard E Rice · CBM · Adverse judgment

    The Board granted adverse judgment based on Patent Owner’s abandonment and cancelled claims 51, 52, and 55–57 of U.S. Patent No. 7,603,674 B2.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Under 37 C.F.R. § 42.73(b)(4), a party may request judgment against itself at any time during a proceeding. Actions construed to be a request for such an adverse judgment include abandonment of the contest. We find that Patent Owner’s actions and admissions, as set forth in the Motion, constitute abandonment of these CBM Proceedings, and we determine based on such abandonment that Patent Owner has requested adverse judgment under 37 C.F.R. § 42.73(b)(4) in both proceedings.” slip op. at 2

    None
    Patents in suitUS 7,603,674
  • PTAB · Dec 16, 2015 · CBM2015-00049 · APJ Richard E Rice · CBM · Adverse judgment

    The Board granted adverse judgment based on Patent Owner’s abandonment and ordered claims 22–23, 27–29 of the ’749 patent and claims 51–52, 55–57 of the ’674 patent cancelled.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Under 37 C.F.R. § 42.73(b)(4), a party may request judgment against itself at any time during a proceeding. Actions construed to be a request for such an adverse judgment include abandonment of the contest. We find that Patent Owner’s actions and admissions, as set forth in the Motion, constitute abandonment of these CBM Proceedings, and we determine based on such abandonment that Patent Owner has requested adverse judgment under 37 C.F.R. § 42.73(b)(4) in both proceedings.” slip op. at 2

    None
    Patents in suitUS 7,062,749
  • PTAB · Sep 28, 2015 · CBM2015-00024 · APJ Thomas L Giannetti · CBM · Adverse judgment

    The Board entered adverse judgment against Patent Owner and ordered claims 1–18 cancelled after Patent Owner requested to abandon the contest.

    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 requested to abandon the contest, which is construed as a request for adverse judgment. 37 C.F.R. § 42.73(b)(4). Under these circumstances, entry of judgment adverse to the Patent Owner and cancellation of claims 1–18 of the ʼ917 patent are appropriate.” slip op. at 2

    None
    Patents in suitUS 8,494,917
  • PTAB · Jun 10, 2015 · IPR2014-01357 · APJ Thomas L Giannetti · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner at its request and cancelled claims 1–4, 16, and 26.

    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 requested cancellation of each claim for which inter partes review has been instituted, and thus Patent Owner has no remaining claim in the trial. Id. § 42.73(b)(2). Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims as requested is appropriate. CONCLUSION AND ORDER Patent Owner’s request for entry of adverse judgment is granted. It is, therefore, ORDERED that adverse judgment against the Patent Owner is entered under 37 C.F.R. § 42.73(b);” slip op. at 2

    None
    Patents in suitUS 6,755,547
  • PTAB · Nov 7, 2014 · IPR2014-00357 · APJ Thomas L Giannetti · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner after it cancelled claims 9–20, the only claims instituted for review.

    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 has been instituted, and thus Patent Owner has no remaining claim in the trial. Id. § 42.73(b)(2). 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

    None
    Patents in suitUS 8,468,199
  • PTAB · Nov 4, 2014 · IPR2014-00114 · APJ Kevin F Turner · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment against claims 1–14 and 53–60, terminating the proceeding.

    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). Patent Owner already has conceded that the requested judgment will effectively cancel the claims identified for trial and moot this proceeding, and has no pending motion to amend claims. The deadline for filing such a motion has passed. See Paper 15. Under these circumstances, the request for entry of adverse judgment is appropriate. ORDER It is ORDERED that Patent Owner’s request for adverse judgment for under 37 C.F.R. § 42.73(b) with respect to claims 1-14 and 53-60 of U.S. Patent No. 6,563,133 B1 is GRANTED; and, ORDERED that judgment is entered herein against Patent Owner with respect 1-14 and 53-60 of U.S. Patent No. 6,563,133 B1.” slip op. at 2

    None
    Patents in suitUS 6,563,133
  • PTAB · Sep 24, 2014 · IPR2014-00190 · APJ James A Tartal · IPR · Adverse judgment

    The Board granted the Patent Owner’s request for adverse judgment and entered judgment against it on claims 3–8 and 10.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “for Abandonment of the Contest Under 37 C.F.R. § 42.73(b)(4) (“Req. for Adverse Judgment”). Paper 19. Under 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include abandonment of the contest. 37 C.F.R. § 42.73(b)(4). Patent Owner acknowledged that, in accordance with its request, all challenged claims (claims 3–8 and 10) of the ’425 patent will be cancelled. Req. for Adverse Judgment 2. Accordingly, it is hereby ORDERED that Patent Owner’s Request for Adverse Judgment for Abandonment of the Contest Under 37 C.F.R. § 42.73(b)(4) with respect to claims 3–8 and 10 of U.S. Patent No. 8,281,425 B2 patent is GRANTED; and, ORDERED that judgment is entered herein against Patent Owner with respect to claims 3–8 and 10 of U.S. Patent No. 8,281,425 B2.” slip op. at 2

    None
    Patents in suitUS 8,281,425
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