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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`Under Armour Inc.
`Petitioner
`
`v.
`
`adidas AG,
`Patent Owner
`
`
`
`
`Case No. IPR2015-00698
`
`Patent No. 8,092,345
`
`
`
`PATENT OWNER ADIDAS AG’S
`REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`
`
`
`1
`
`

`
`U.S. Pat. No. 8,092,345
`IPR2015-00698
`Patent Owner’s adidas AG’s
`Request for Oral Argument
`
`
`Pursuant to 37 C.F.R. § 42.70(a) and the Board’s August 14, 2015
`
`Scheduling Order (Paper 10), requiring separate paper requesting oral argument
`
`and specifying issues to be argued, Patent Owner adidas AG respectfully submits
`
`this Request for Oral Argument. As set forth in the Scheduling Order, the Board
`
`has currently scheduled the oral hearing for May 13, 2016 (Id. at 6).
`
`Patent Owner plans to address the following issues:
`
`• The construction of certain terms of U.S. Patent No. 8,092,345 (“the
`
`’345 Patent”) under the broadest reasonable interpretation;
`
`• Whether Petitioner has met its burden, under 35 U.S.C. § 316(e), in
`
`proving the instituted ground of unpatentability: Claims 1-3, 6-11, 15-
`
`17, and 20 under 35 U.S.C. § 103(a) by Mault and DeLorme;
`
`• Whether Petitioner’s identified experts qualify to give opinions as to
`
`the viewpoint of persons of ordinary skill in the art and/or on
`
`secondary considerations of non-obviousness, and the credibility of
`
`Petitioner’s identified experts;
`
`• Any issues identified in Petitioner’s Request for Oral Argument;
`
`• Any other issues raised in papers filed in this proceeding, including
`
`issues raised in papers yet to be filed, such as Motions to Exclude or
`
`Motions for Observations on Cross Examination; and
`
`2
`
`

`
`U.S. Pat. No. 8,092,345
`IPR2015-00698
`Patent Owner’s adidas AG’s
`Request for Oral Argument
`
`
`• Any other issues the Board deems necessary for issuing a final written
`
`decision.
`
`
`
`Patent Owner requests permission to use audio/visual equipment to display
`
`demonstrative exhibits, including a projector and screen for Power Point or other
`
`electronic materials.
`
`
`
`Dated: April 8, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Mitchell G. Stockwell
`Mitchell G. Stockwell
`
`Reg. No. 39,389
`Lead Counsel for Patent Owner
`adidas AG
`
`
`
`3
`
`

`
`U.S. Pat. No. 8,092,345
`IPR2015-00698
`Patent Owner’s adidas AG’s
`Request for Oral Argument
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of PATENT OWNER
`
`ADIDAS AG’S REQUEST FOR ORAL ARGUMENT was served via email on
`
`the date below, upon the following:
`
`Brian E. Ferguson
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`Phone: 202-682-7000
`brian.ferguson@weil.com
`
`
`
`Dated: April 8, 2016
`
`
`
`
`
`
`
`
`
`Anish R. Desai
`Weil Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`Phone: 202-682-7103
`anish.desai@weil.com
`
`
`
`/s/ Mitchell G. Stockwell
`Mitchell G. Stockwell
`
`Reg. No. 39,389
`Lead Counsel for Patent Owner
`adidas AG
`
`
`
`1

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