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  • PTAB · Aug 31, 2020 · PGR2020-00062 · APJ Wesley B Derrick · PGR · Adverse judgment

    The Board entered adverse judgment against Streamlight and cancelled all challenged claims, 1, 2, 5, 6, 8, 10–12, 15, 16, 18, 20–24, 26–28, and 31, on the Patent Owner’s request.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Pursuant to 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Cancellation or disclaimer of one or more claims such that the patent owner has no remaining claim in the trial suffices as a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). The Board is permitted to enter adverse judgment at any time in a proceeding, including prior to an institution decision. Cf. Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1350 (Fed. Cir. 2018) (“37 C.F.R. § 42.73(b) permits the Board to enter an adverse judgment when a patent owner cancels all claims at issue after an IPR petition has been filed, but before an institution decision.”).” slip op. at 2

    None
    Patents in suitUS 10,378,702

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.