- Luxottica Of America, Inc. v. E-Vision Smart Optics, Inc.Adverse judgmentPTAB · 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
NonePatents in suitUS 11,971,612 - Dr. Falk Pharma GmbH v. Ellodi Pharmaceuticals, L.P.Adverse judgmentPTAB · 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
NonePatents in suitUS 12,290,598 - Commscope Technologies LLC v. Belden Canada UlcAdverse judgmentPTAB · 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
NonePatents in suitUS 11,740,423 - Commscope Technologies LLC v. Belden Canada UlcAdverse judgmentPTAB · 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
NonePatents in suitUS 11,656,422 - Commscope Technologies LLC v. Belden Canada UlcAdverse judgmentPTAB · 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
NonePatents in suitUS 11,435,542 - Commscope Technologies LLC v. Belden Canada UlcAdverse judgmentPTAB · 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
NonePatents in suitUS 10,795,107 - Slack Technologies, LLC v. Ginegar LLCAdverse judgmentPTAB · Jan 9, 2023 · IPR2022-00542 · APJ Hyun J Jung · IPR · Adverse judgment
The Board entered adverse judgment against Ginegar on claims 1–16 of the ’865 patent after its request and disclaimer; those claims are cancelled.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Having reviewed Patent Owner’s requests and the cited decisions and exhibit, we determine that entry of judgment against the Patent Owner with respect to claims 1 and 2 of the ’521 patent and claims 1–16 of the ’865 patent is appropriate. ORDER Accordingly, it is: ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1 and 2 of U.S. Patent No. 9,367,521 B2 and claims 1–16 of U.S. Patent No. 9,760,865 B2; FURTHER ORDERED that claims 1 and 2 of U.S. Patent No. 9,367,521 B2 and claims 1–16 of U.S. Patent No. 9,760,865 B2 are cancelled; and FURTHER ORDERED that this Order constitutes a final written decision under 35 U.S.C. § 318(a) for each of the captioned proceedings.” slip op. at 2
NonePatents in suitUS 9,760,865 - Slack Technologies, LLC v. Ginegar LLCAdverse judgmentPTAB · Jan 9, 2023 · IPR2022-00541 · APJ Hyun J Jung · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner and cancelled claims 1–2 of the ’521 patent and claims 1–16 of the ’865 patent.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Having reviewed Patent Owner’s requests and the cited decisions and exhibit, we determine that entry of judgment against the Patent Owner with respect to claims 1 and 2 of the ’521 patent and claims 1–16 of the ’865 patent is appropriate.” slip op. at 2
NonePatents in suitUS 9,367,521 - Apple Inc. v. Corephotonics Ltd.Adverse judgmentPTAB · Feb 11, 2022 · IPR2018-01146 · APJ Monica S Ullagaddi · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 6 and 14 after their disclaimer, then terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“II. ANALYSIS Actions construed as a request for 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). Here, Patent Owner has disclaimed claims 6 and 14 (along with unchallenged claims 3–5 and 8–11) of the ’712 patent under 35 U.S.C. § 253 according to the procedures set forth in 37 C.F.R. § 1.321(a). Ex. 3002, 1. We agree with Petitioner that 37 C.F.R. § 42.73(b) provides that the Board should construe Patent Owner’s statutory disclaimer to be a request that the Board enter adverse judgment against it with respect to claims 6 and 14, the only claims at issue, in this proceeding. Ex. 3001; see also Unified Patents, LLC v. Arsus, LLC, IPR2020-00948, Paper 18 at 2 (PTAB Jan. 27, 2021) (construing statutory disclaimer of all challenged claims as request for adverse judgment), aff’d, Case No. 2021- 1648, 2021 WL 5315423 (Fed. Cir. Nov. 16, 2021). Having reviewed the Disclaimer (Ex. 3002), we determine that entry of adverse judgment against Patent Owner with respect to claims 6 and 14 of the ’712 patent is appropriate. Claims 1, 2, 7, 12, 13, 15–17, and 19 are no longer part of this IPR proceeding because we made a final judgment with regard to these claims and that judgment has not been reversed or vacated. See 37 C.F.R. § 42.2 (“A decision is final only if it disposes of all necessary issues with regard to the party seeking judicial review, and does not indicate that further action is required.” (emphasis added)). As such, these claims are not “in the trial” within the meaning of 37 C.F.R. § 42.73(b)(2). The Federal Circuit remanded the Decision as to only claims 6 and 14. As such, our determination of adverse judgment does not apply to claims 1, 2, 7, 12, 13, 15–17, and 19. Patent Owner’s Disclaimer of claims 6 and 14 means that Patent Owner has no claims remaining in the present proceeding.” slip op. at 3
NonePatents in suitUS 9,568,712 - Silver Peak Systems, Inc. v. Riverbed Technology, Inc.Adverse judgmentPTAB · Aug 7, 2014 · IPR2014-00149 · APJ Frances L Ippolito · IPR · Adverse judgment
The Board granted Patent Owner’s request to cancel claims 1–14 and entered adverse judgment against Patent Owner on those claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentDecided for patent owner
“Pursuant to 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Cancellation of one or more claims, such that the patent owner has no remaining claim in the trial, is construed to be a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). Here, Patent Owner requests cancellation of all claims of the ’580 patent on which a trial was instituted, such that Patent Owner would have no remaining claim in the trial. Thus, it is appropriate to enter judgment at this time.” slip op. at 4
- PTAB / AIA Trials › Motions to amend / substitute claimsMotion to amend, grantedGranted
“claims at issue in the instant proceeding, namely claims 1–14. Mot. to Amend. In email correspondence to Board administrative staff dated July 17, 2014 and July 18, 2014, counsel for Petitioner indicated that Petitioner does not oppose Patent Owner’s Motion to Amend.6 Patent Owner’s Motion to Amend, cancelling claims 1–14, is granted. Pursuant to 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Cancellation of one or more claims, such that the patent owner has no remaining claim in the trial, is construed to be a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). Here, Patent Owner requests cancellation of all claims of the ’580 patent on which a trial was instituted, such that Patent Owner would have no remaining claim in the trial. Thus, it is appropriate to enter judgment at this time.” slip op. at 4
- Additional discoveryNot reached
“MOTION FOR AUTHORIZATION TO COMPEL TESTIMONY Petitioner’s Motion for Authorization to Compel Testimony is dismissed as moot because judgment is being entered against Patent Owner on the challenged claims.” slip op. at 4
NonePatents in suitUS 8,321,580
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