`571-272-7822
`
`
`
`
`Paper: 75
`Entered: May 3, 2018
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SKECHERS U.S.A., INC.,
`Petitioner,
`
`v.
`
`NIKE, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00621
`Patent D723,781 S
`____________
`
`
`
`Before KEN B. BARRETT, GRACE KARAFFA OBERMANN, and
`SCOTT A. DANIELS, Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2017-00621
`Patent D723,781 S
`
`
`
`On April 24, 2018, the Supreme Court held that a decision to institute
`under 35 U.S.C. § 314 may not institute on fewer than all claims challenged
`in the petition. SAS Inst., Inc. v. Iancu, 2018 WL 1914661, at *10 (U.S.
`Apr. 24, 2018). In our institution decision, we determined that Petitioner
`demonstrated a reasonable likelihood that it would establish that the sole
`challenged claim of U.S. Patent D723,781 S is unpatentable. Paper 13, 37.
`We modify our institution decision to institute on all challenged claims and
`all grounds of unpatentability presented in the Petition.
`The parties shall confer to discuss the impact, if any, of this Order on
`the current schedule. If, after conferring, the parties wish to change the
`schedule or submit further briefing, the parties must, within one week of the
`date of this Order, request a conference call with the panel to seek
`authorization for such changes or briefing.
`
`It is
`ORDERED that our institution decision is modified to include review
`of all challenged claims and all grounds of unpatentability presented in the
`Petition; and
`FURTHER ORDERED that Petitioner and Patent Owner shall confer
`to determine whether they desire any changes to the schedule or any further
`briefing, and, if so, shall request a conference call with the panel to seek
`authorization for such changes or briefing within one week of the date of this
`Order.
`
`
`
`
`2
`
`
`
`IPR2017-00621
`Patent D723,781 S
`
`
`PETITIONER:
`Samuel K. Lu
`Michael R. Fleming
`Talin Gordnia
`Morgan Chu
`IRELL & MANELLA LLP
`slu@irell.com
`mfleming@irell.com
`tgordnia@irell.com
`mchu@irell.com
`
`PATENT OWNER:
`Christopher J. Renk
`Erik S. Maurer
`Audra Eidem Heinze
`Kurt Reister
`Michael J. Harris
`BANNER & WITCOFF, LTD
`crenk@bannerwitcoff.com
`emaurer@bannerwitcoff.com
`aheinze@bannerwitcoff.com
`kriester@bannerwitcoff.com
`mharris@bannerwitcoff.com
`
`
`3
`
`
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