`Tel: 571-272-7822
`
`
`
`
`Paper 37
`Entered: March 18, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`UNDER ARMOUR, INC.,
`Petitioner,
`
`v.
`
`ADIDAS AG,
`Patent Owner.
`_______________
`
`Case IPR2015-00698 (Patent 8,092,345 B2)
`Case IPR2015-00700 (Patent 8,579,767 B2)
`_______________
`
`
`
`
`Before JENNIFER S. BISK, Administrative Patent Judge.
`
`ORDER
`Routine Discovery
`37 C.F.R. § 42.51(b)(1)(i)
`
`
`
`
`
`
`
`
`
`Case IPR2015-00698 (Patent 8,092,345 B2)
`Case IPR2015-00700 (Patent 8,579,767 B2)
`
`
`On March 17, 2016, counsel for both parties participated in a call with Judge
`Bisk. Patent Owner requested the call to discuss the upcoming cross-examination
`of two of Petitioner’s declarants. On the call, Patent Owner explained that it seeks
`to use certain deposition transcripts, and exhibits referred to in those transcripts, in
`its cross-examination of Dr. Paradiso and Ms. Davis. The deposition transcripts,
`seven in total, are all referred to in declarations filed with Petitioner’s Reply Brief.
`IPR2015-00698, Paper 27; Ex. 1011, 27; Ex. 1014, 4: IPR2015-00700, Paper 31;
`Ex. 1016, 4.
`During the call Petitioner offered to allow Patent Owner to use the entirety
`of these seven depositions during the cross-examinations, but not the underlying
`exhibits, which Petitioner represented were not reviewed by the declarants and are
`not mentioned in the declarations.
`We agree that the depositions, but not the underlying exhibits, are routine
`discovery under § 42.51(b)(1)(i). Petitioner opened the door to the use of the cited
`depositions in this proceeding when it filed declarations relying upon their content.
`As stated on the call, during cross-examination Patent Owner may question the
`declarants on what material they reviewed in preparing their declarations.
`
`It is
`ORDERED that the depositions referred to above are routine discovery
`under 37 C.F.R. § 42.51(b)(1)(i).
`
` 2
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2015-00698 (Patent 8,092,345 B2)
`Case IPR2015-00700 (Patent 8,579,767 B2)
`
`Petitioner:
`
`Brian Ferguson
`brian.ferguson@weil.com
`
`Anish Desai
`anish.desai@weil.com
`
`
`
`Patent Owner:
`
`Mitchell Stockwell
`mstockwell@kilpatricktownsend.com
`
`
`Wab Kadaba
`wkadaba@kilpatricktownsend.com
`
`Jonathan Olinger
`jolinger@kilpatricktownsend.com
`
` 3
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