throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 68
`Entered: May 9, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`UNDER ARMOUR, INC.,
`Petitioner,
`
`v.
`
`ADIDAS AG,
`Patent Owner.
`
`
`Case IPR2015-00697 (Patent 7,905,815 B2)
`Case IPR2015-00698 (Patent 8,092,345 B2)
`Case IPR2015-00700 (Patent 8,579,767 B2)
`Case IPR2015-01528 (Patent 8,721,502 B2)
`Case IPR2015-01532 (Patent 8,652,009 B2)
`Case IPR2015-01891 (Patent 8,725,276 B2)
`
`
`
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`JUSTIN BUSCH, Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`TERMINATION
`35 U.S.C. § 317(a) and 37 C.F.R. §§ 42.72, 42.74
`
`On May 6, 2016, Petitioner, Under Armour, Inc., and Patent Owner,
`adidas AG, filed a Joint Motion to Terminate in each of the proceedings
`identified in the caption of this Judgment. IPR2015-00697, Paper 42;
`IPR2015-00698, Paper 66; IPR2015-00700, Paper 78; IPR2015-01528,
`
`

`
`IPR2015-00697 (Patent 7,905,815 B2)
`IPR2015-00698 (Patent 8,092,345 B2)
`IPR2015-00700 (Patent 8,579,767 B2)
`IPR2015-01528 (Patent 8,721,502 B2)
`IPR2015-01532 (Patent 8,652,009 B2)
`IPR2015-01891 (Patent 8,725,276 B2)
`
`Paper 22; IPR2015-01532, Paper 23; IPR2015-01891, Paper 12. In each
`proceeding, along with the Joint Motion to Terminate, the parties filed a
`copy of their settlement agreement (“the Agreement”), made in connection
`with the termination of these proceedings and the related district court
`proceedings, in accordance with 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(b). IPR2015-00697, Ex. 2007; IPR2015-00698, Ex. 2046;
`IPR2015-00700, Ex. 2066; IPR2015-01528, Ex. 2002; IPR2015-01532, Ex.
`2002; IPR2015-01891, Ex. 2003. In each proceeding, the parties also
`submitted a Joint Motion requesting that the Agreement be treated as
`business confidential information and be kept separate from the files of the
`patents at issue under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`IPR2015-00697, Paper 43; IPR2015-00698, Paper 67; IPR2015-00700,
`Paper 79; IPR2015-01528, Paper 23; IPR2015-01532, Paper 24; IPR2015-
`01891, Paper 13.
`In each Joint Motion to Terminate, the parties indicate that the
`Agreement resolves all disputes between the parties and their affiliates
`involving the patents-at-issue in these proceedings. E.g., IPR2015-00697,
`Paper 42, 3–4. Upon consideration of the facts before us, it is appropriate to
`terminate these proceedings without rendering final written decisions. See
`37 C.F.R. § 42.72. Accordingly, we grant the Joint Motion to Terminate in
`each proceeding.
`We also grant the Joint Motion to File Agreement as Business
`Confidential Information in each proceeding.
`
`2
`
`

`
`IPR2015-00697 (Patent 7,905,815 B2)
`IPR2015-00698 (Patent 8,092,345 B2)
`IPR2015-00700 (Patent 8,579,767 B2)
`IPR2015-01528 (Patent 8,721,502 B2)
`IPR2015-01532 (Patent 8,652,009 B2)
`IPR2015-01891 (Patent 8,725,276 B2)
`
`
`ORDER
`For the foregoing reasons, it is:
`ORDERED that the Joint Motion to File Agreement as Business
`Confidential Information Pursuant to 35 U.S.C. § 317 (IPR2015-00697,
`Paper 43) is granted;
`FURTHER ORDERED that the Joint Motion to Terminate
`Proceedings (IPR2015-00697, Paper 42) is granted, and IPR2015-00697 is
`terminated;
`FURTHER ORDERED that the Joint Motion to File Agreement as
`Business Confidential Information Pursuant to 35 U.S.C. § 317
`(IPR2015-00698, Paper 67) is granted;
`FURTHER ORDERED that the Joint Motion to Terminate
`Proceedings (IPR2015-00698, Paper 66) is granted, and IPR2015-00698 is
`terminated;
`FURTHER ORDERED that the Joint Motion to File Agreement as
`Business Confidential Information Pursuant to 35 U.S.C. § 317
`(IPR2015-00700, Paper 79) is granted;
`FURTHER ORDERED that the Joint Motion to Terminate
`Proceedings (IPR2015-00700, Paper 78) is granted, and IPR2015-00700 is
`terminated;
`FURTHER ORDERED that the Joint Motion to File Agreement as
`Business Confidential Information Pursuant to 35 U.S.C. § 317
`(IPR2015-01528, Paper 23) is granted;
`
`3
`
`

`
`IPR2015-00697 (Patent 7,905,815 B2)
`IPR2015-00698 (Patent 8,092,345 B2)
`IPR2015-00700 (Patent 8,579,767 B2)
`IPR2015-01528 (Patent 8,721,502 B2)
`IPR2015-01532 (Patent 8,652,009 B2)
`IPR2015-01891 (Patent 8,725,276 B2)
`
`
`FURTHER ORDERED that the Joint Motion to Terminate
`Proceedings (IPR2015-01528, Paper 22) is granted, and IPR2015-01528 is
`terminated;
`FURTHER ORDERED that the Joint Motion to File Agreement as
`Business Confidential Information Pursuant to 35 U.S.C. § 317
`(IPR2015-01532, Paper 24) is granted;
`FURTHER ORDERED that the Joint Motion to Terminate
`Proceedings (IPR2015-01532, Paper 23) is granted, and IPR2015-01532 is
`terminated;
`FURTHER ORDERED that the Joint Motion to File Agreement as
`Business Confidential Information Pursuant to 35 U.S.C. § 317
`(IPR2015-01891, Paper 13) is granted; and
`FURTHER ORDERED that the Joint Motion to Terminate
`Proceedings (IPR2015-01891, Paper 12) is granted, and IPR2015-01891 is
`terminated.
`
`
`
`
`
`4
`
`

`
`IPR2015-00697 (Patent 7,905,815 B2)
`IPR2015-00698 (Patent 8,092,345 B2)
`IPR2015-00700 (Patent 8,579,767 B2)
`IPR2015-01528 (Patent 8,721,502 B2)
`IPR2015-01532 (Patent 8,652,009 B2)
`IPR2015-01891 (Patent 8,725,276 B2)
`
`PETITIONER:
`
`Brian Ferguson
`Anish Desai
`Christopher T. Marando
`W. Sutton Ansley
`Robert T. Vlasis
`Zachary C. Garthe
`WEIL GOTSHAL & MANGES LLP
`brian.ferguson@weil.com
`anish.desai@weil.com
`christopher.marando@weil.com
`sutton.ansley@weil.com
`robert.vlasis@weil.com
`zachary.garthe@weil.com
`
`
`
`PATENT OWNER:
`
`Mitchell Stockwell
`Wab Kadaba
`Jonathan Olinger
`KILPATRICK TOWNSEND & STOCKTON LLP
`mstockwell@kilpatricktownsend.com
`wkadaba@kilpatricktownsend.com
`jolinger@kilpatricktownsend.com
`
`5

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