- Petitioner v. Ubiquitous Connectivity, LPAdverse judgmentPTAB · Nov 9, 2022 · IPR2021-01355 · APJ Georgianna W Braden · IPR · Adverse judgment
The Board entered adverse judgment against the Patent Owner on instituted claims 1–14 and 25 after construing its disclaimer as a request for adverse judgment.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Here, Patent Owner has disclaimed all claims in the instituted trial proceeding such that there are no remaining claims at issue in the trial. Thus, we construe Patent Owner’s statutory disclaimer of claims 1–14 and 25 of the ’999 patent as a request for adverse judgment, and we grant the request for adverse judgment as to the instituted claims. III. ORDER In consideration of the foregoing, it is hereby ORDERED that adverse judgment is entered against Patent Owner as to claims 1–14 and 25 of the ’999 patent; and FURTHER ORDERED that this proceeding is hereby terminated.” slip op. at 4
- PTAB / AIA Trials › §315(e) estoppelEstoppel appliesOther
“description. Construing Patent Owner’s statutory disclaimer of all claims remaining in the trial as a request for adverse judgment and granting the request precludes Patent Owner under the estoppel provision of § 42.73(d)(3)(i) from obtaining in continuing applications or other subsequent proceedings before the Office claims patentably indistinct from the disclaimed claims. Cf. Ex Parte Aoki, Appeal No. 2012-010117, 2015 WL 3827164 (PTAB June 15, 2015) (affirming Examiner’s final rejection of claims patentably indistinct from claims on which adverse judgment had been entered against applicant in a prior interference proceeding);” slip op. at 4
NonePatents in suitUS 10,394,999
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.