`Tel: 571-272-7822
`
`Paper 60
`Entered: April 25, 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, MICHAEL J. FITZPATRICK, and
`JUSTIN BUSCH, Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`
`
`DECISION
`Petitioner’s Unopposed Motion to Strike
` 37 C.F.R. § 42.5
`
`
`
`Case IPR2015-00698 (Patent 8,092,345 B2)
`Case IPR2015-00700 (Patent 8,579,767 B2)
`
`In each case Petitioner, Under Armour, Inc., filed Motions to strike
`certain paragraphs of its declarants’ testimony and to withdraw argument in
`its briefs corresponding to that testimony. IPR2015-00698 Paper 48;
`IPR2015-00700 Paper 59. Specifically, Petitioner moves to strike
`paragraphs 23–27 of Exhibit 1014 in IPR2015-00698, paragraph 36 of
`Exhibit 1014 in IPR2015-00700, and paragraphs 24–28 of Exhibit 1016 in
`IPR2015-00700. Petitioner seeks to withdraw from consideration the last
`sentence on page 22 of Petitioner’s Reply in IPR2015-00698 and the third
`and fourth sentences on page 21 of Petitioner’s Reply in IPR2015-00700.
`Petitioner’s Motions are unopposed. Upon reviewing Petitioner’s Motions
`as well as the identified testimony and argument, we grant the Motions.
`
`Accordingly, it is:
`ORDERED that paragraphs 23–27 of Exhibit 1014 (the Declaration of
`Julie Davis) are stricken;
`FURTHER ORDERED that the last sentence on page 22 of
`Petitioner’s Reply (Paper 27), which begins “MMF has continued . . .,” is
`withdrawn from consideration;
`FURTHER ORDERED that paragraph 36 of Exhibit 1014 (the
`Second Declaration of Shawn Burke) is stricken;
`FURTHER ORDERED that paragraphs 24–28 of Exhibit 1016 (the
`Declaration of Julie Davis) are stricken; and
`FURTHER ORDERED that the third and fourth sentences on page 21
`of Petitioner’s Reply (Paper 31), which begin “Since acquisition by Under
`Armour . . .,” and “Under Armour’s revenue,” respectively, are withdrawn
`from consideration.
`
`2
`
`
`
`Case IPR2015-00698 (Patent 8,092,345 B2)
`Case IPR2015-00700 (Patent 8,579,767 B2)
`
`
`For PETITIONER:
`
`Brian Ferguson
`Anish Desai
`Weil, Gotshal & Manges LLP
`brian.ferguson@weil.com
`anish.desai@weil.com
`
`
`
`For PATENT OWNER:
`
`Mitchell Stockwell
`Wab Kadaba
`Jonathan Olinger
`KILPATRICK TOWNSEND & STOCKTON LLP
`mstockwell@kilpatricktownsend.com
`wkadaba@kilpatricktownsend.com
`jolinger@kilpatricktownsend.com
`
`3
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