`571-272-7822
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`Paper 8
`Date: September 21, 2015
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`
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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 IPR2015-01531
`Patent 8,725,276 B2
`
`
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and JUSTIN BUSCH,
`Administrative Patent Judges.
`
`
`FITZPATRICK, Administrative Patent Judge.
`
`
`
`DECISION
`Dismissing Petition
`37 C.F.R. §§ 42.5(a), 42.71(a)
`
`
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`
`
`IPR2015-01531
`Patent 8,725,276 B2
`
`Petitioner, Under Armour, Inc., filed a Petition to institute an inter partes
`
`review of claims 1, 3, 6–10, 15–19, and 21–23 of U.S. Patent No. 8,725,276 B2
`
`(“the ’276 patent”) pursuant to 35 U.S.C. § 311(a). Paper 1, “Pet.” Prior to any
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`preliminary response from Patent Owner, adidas AG, Petitioner filed an unopposed
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`Motion to Dismiss its Petition. (Paper 7, “Mot.”).
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`Petitioner states that it intends to file a new petition for an inter partes
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`review of the ’276 patent and seeks dismissal of the instant Petition “without
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`prejudice.” Mot. 1. A person, however, generally is not precluded from filing
`
`multiple petitions for an inter partes review of a single patent. In any event, we
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`construe Petitioner’s request that dismissal of its Petition be “without prejudice” as
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`a request for a ruling that would purport to bind a future panel, for example, with
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`respect to application (or not) of 35 U.S.C. § 325(d). We decline to include such
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`language in our order.
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`Accordingly, it is:
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`ORDERED that the Petition is dismissed.
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`
`
`2
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`
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`IPR2015-01531
`Patent 8,725,276 B2
`
`For Petitioner:
`
`Brian Ferguson
`Brain.ferguson@weil.com
`
`Anish Desai
`Anish.desai@weil.com
`
`
`
`For Patent Owner:
`
`Mitchell Stockwell
`mstockwell@kilpatricktownsend.com
`
`Wab Kadaba
`wkadaba@kilpatricktownsend.com
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`3
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