`
`Paper: 17
`Entered: May 1, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ELITE PERFORMANCE FOOTWEAR, LLC,
`Petitioner,
`
`v.
`
`REEBOK INTERNATIONAL LIMITED,
`Patent Owner.
`____________
`IPR2017-01676 (Patent 7,637,035 B1)
`IPR2017-01680 (Patent 8,505,221 B2)
`IPR2017-01689 (Patent 8,020,320 B2)
`____________
`
`
`
`Before MEREDITH C. PETRAVICK, KEVIN W. CHERRY, and
`JAMES A. WORTH, Administrative Patent Judges.
`PETRAVICK, Administrative Patent Judge.
`
`
`DECISION
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2017-01676 (Patent 7,637,035 B1)
`IPR2017-01680 (Patent 8,505,221 B2)
`IPR2017-01689 (Patent 8,020,320 B2)
`
`
`On April 24, 2018, the Supreme Court held that a final written
`decision under 35 U.S.C. § 318(a) must decide the patentability of all claims
`challenged in the petition. SAS Inst., Inc. v. Iancu, 2018 WL 1914661, at
`*10 (U.S. Apr. 24, 2018). In each of our Decisions on Institution, we
`determined that Petitioner demonstrated a reasonable likelihood that it would
`establish that at least one of the challenged claims of the subject patents are
`unpatentable. IPR2017-01676, Paper 7, 17; IPR2017-01680, Paper 7, 25–
`26; IPR2017-01689, Paper 7, 20. Pursuant to the holding in SAS, we modify
`our institution decisions to institute on all of the challenged claims and all of
`the grounds presented in the Petitions.
`A conference call was held on April 30, 2018 between counsel for the
`parties and Judges Petravick, Cherry, and Worth. Patent Owner requested
`the call to seek authorization to file certain papers that were not filed prior to
`DUE DATE 1 because of an alleged clerical error. Patent Owner’s request,
`however, is moot. Due to our institution on all of the challenged claims and
`all of the grounds presented in the Petitions, modifications must be made to
`the briefing and schedule. The parties agreed to confer and attempt to come
`to an agreement as to any needed modifications. The proposed modification
`must include expunging the Patent Owner’s Responses and Motions to
`Amend already of record and allowing Patent Owner to file new Patent
`Owner’s Responses and Motions to Amend. If needed, the parties may also
`propose modifying DUE DATES 6 and 7 if needed. Any proposal to modify
`DUE DATE 7 should include multiple dates on which the parties are
`available for oral argument. The date of the oral argument must be the same
`for these proceedings.
`
`2
`
`
`
`IPR2017-01676 (Patent 7,637,035 B1)
`IPR2017-01680 (Patent 8,505,221 B2)
`IPR2017-01689 (Patent 8,020,320 B2)
`
`
`During the call, we authorized the parties to file a paper setting forth
`any proposed modifications no later than May 4, 2018. The parties shall
`contact the Board at Trials@uspto.gov to request a conference if they cannot
`reach agreement.
`In consideration of the foregoing, it is hereby:
`ORDERED that we modify our institution decisions, which we issued
`pursuant to 35 U.S.C. § 314(a), to include review of all challenged claims
`and all grounds presented in the Petitions;
`FURTHER ORDERED that Petitioner and Patent Owner shall confer
`to determine a proposed modification to the briefing and schedule and are
`authorized to file a paper in each proceeding setting forth any proposed
`modifications no later than May 4, 2018;
`FURTHER ORDERED that Petitioner and Patent Owner shall contact
`the Board if they cannot reach agreement on proposed modifications.
`
`FOR PETITIONER:
`
`Richard LaCava
`Michael Scarpati
`ARENT FOX, LLP
`richard.lacava@arentfox.com
`michael.scarpati@arentfox.com
`
`FOR PATENT OWNER:
`
`Mitchell G. Stockwell
`Matias Ferrario
`KILPATRICK TOWNSEND & STOCKTON LLP
`mstockwell@kilpatricktownsend.com
`mferrario@kilpatricktownsend.com
`
`3
`
`
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