`571-272-7822
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Paper 8
`
`Date: February 29, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNDER ARMOUR, INC.,
`Petitioner,
`
`v.
`
`ADIDAS AG,
`Patent Owner.
`
`
`
`Case IPR2015-01891
`Patent 8,725,276 B2
`
`
`
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`JUSTIN BUSCH, Administrative Patent Judges.
`
`
`FITZPATRICK, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Patent Owner’s Motion to Accept Preliminary Response
`37 C.F.R. § 42.5(c)
`
`
`
`
`
`
`
`IPR2015-01891
`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 pursuant to 35 U.S.C. § 311(a). Paper 1. A September 23,
`
`2015, Notice accorded a filing date to the Petition and set a December 23,
`
`2015, deadline for any preliminary response. Paper 3. On December 23,
`
`2015, however, the Patent Review Processing System (PRSP) was unusable
`
`due to damage caused by a power outage.
`
`Patent Owner, adidas AG, filed a Preliminary Response pursuant to 35
`
`U.S.C. § 313 on December 28, 2015. Paper 6. Patent Owner also filed a
`
`Motion requesting acceptance of the Preliminary Response as timely in light
`
`of PRPS being down on December 23, 2015. Paper 7. We grant the Motion.
`
`
`
`Accordingly, it is
`
`ORDERED that the Preliminary Response (Paper 6) is accepted.
`
`2
`
`
`
`IPR2015-01891
`Patent 8,725,276 B2
`
`
`Petitioner:
`
`
`Brian Ferguson
`brian.ferguson@weil.com
`
`Anish Desai
`anish.desai@weil.com
`
`
`
`Patent Owner:
`
`
`Mitchell Stockwell
`mstockwell@kilpatricktownsend.com
`
`Wab Kadaba
`wkadaba@kilpatricktownsend.com
`
`
`
`3