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Petitioner’s Unopposed Motion to Strike
`IPR2015-000698
`
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`UNDER ARMOUR, INC.
`Petitioner,
`
`
`
`v.
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`
`
`ADIDAS AG,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2015-00698
`U.S. Patent No. 8,092,345
`
`PETITIONER’S UNOPPOSED MOTION TO STRIKE CERTAIN
`PARAGRAPHS OF EXPERT DECLARATIONS AND CORRESPONDING
`RELIANCE THEREON IN REPLY BRIEF
`
`
`
`
`
`
`

`
`Petitioner’s Unopposed Motion to Strike
`IPR2015-000698
`
`Petitioner hereby respectfully moves1 the Board to strike paragraphs 23-27
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`
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`in Exhibit 1014, the Declaration of Julie Davis. Petitioner requests this relief in
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`order to resolve a discovery dispute between Petitioner and Patent Owner. In
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`addition to striking paragraphs 23-27 in Exhibit 1014, Petitioner moves the Board
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`to withdraw the last sentence on page 22 of Petitioner’s Reply Brief (Paper No.
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`27), which cites to the paragraphs Petitioner moves to strike from Exhibit 1014.2
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`
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`In addition, for completeness, Petitioner requests the same relief with respect
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`to the public versions of Exhibit 1014 and its Reply Brief (Paper No. 26).
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`
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`Petitioner has conferred with Patent Owner concerning the requested relief
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`in this Motion and Patent Owner has confirmed it does not oppose Patent Owner’s
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`Motion.
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`
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`Accordingly, Petitioner respectfully requests that the Board grant the present
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`motion by striking paragraphs 23-27 in Exhibit 1014 and withdrawing the last
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`sentence on page 22 of Petitioner’s Reply Brief (Paper No. 27).
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`1 Authorization to file this Motion was given by the Board in an email dated April
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`12, 2016.
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`2 So there is no ambiguity, the sentence in question begins “MMF has
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`continued….”
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`
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`

`
`Petitioner’s Unopposed Motion to Strike
`IPR2015-000698
`
`
`
`Respectfully submitted,
`
` /
`
` Brian E. Ferguson /
`Brian E. Ferguson (Reg. No. 36,801)
`Anish R. Desai (Reg. No. 73,760)
`Christopher T. Marando (Reg. No.67,898)
`W. Sutton Ansley (Reg. No. 67,828)
`Robert T. Vlasis (Pro Hac Vice)
`Zachary C. Garthe (Pro Hac Vice)
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`T: 202-682-7000
`brian.ferguson@weil.com
`anish.desai@weil.com
`christopher.marando@weil.com
`sutton.ansley@weil.com
`robert.vlasis@weil.com
`zachary.garthe@weil.com
`
`
`
`
`2
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`
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`
`
`Dated: April 19, 2016
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`
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`
`
`

`
`
`
`Petitioner’s Unopposed Motion to Strike
`IPR2015-000698
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on April 19, 2016, the foregoing
`
`PETITIONER’S UNOPPOSED MOTION TO STRIKE CERTAIN
`PARAGRAPHS OF EXPERT DECLARATIONS AND CORRESPONDING
`RELIANCE THEREON IN REPLY BRIEF was served via electronic mail,
`upon the following:
`
`Mitchell G. Stockwell
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta, GA 30309-4528
`mstockwell@kilpatricktownsend.com
`
`Wab P. Kadaba
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta, GA 30309-4528
`wkadaba@kilpatricktownsend.com
`
`Jonathan D. Olinger
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta, GA 30309-4528
`jolinger@kilpatricktownsend.com
`
`
`
`/ Timothy J. Andersen / c
`Timothy J. Andersen
`Case Manager
`Weil, Gotshal & Manges LLP
`1300 Eye Street NW, Suite 900
`Washington, DC 20005
`T: 202-682-7075
`timothy.andersen@weil.com

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