First Quality Baby Products, LLCv.Kimberly-Clark Worldwide, Inc.

Patent Trial and Appeal BoardNov 17, 2015

13763173 (P.T.A.B. Nov. 17, 2015)

Trials@uspto.gov Paper No. 23 571-272-7822 Entered: November 17, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ FIRST QUALITY BABY PRODUCTS, LLC, Petitioner, v. KIMBERLY-CLARK WORLDWIDE, INC., Patent Owner. ____________ Case IPR2015-00956 Patent 8,905,991 B2 ____________ Before HYUN J. JUNG, SCOTT A. DANIELS, and TIMOTHY J. GOODSON, Administrative Patent Judges. JUNG, Administrative Patent Judge. JUDGMENT AND FINAL WRITTEN DECISION 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73 IPR2015-00956 Patent 8,905,991 B2 2 On September 29, 2015, the Board instituted an inter partes review of claims 1–10 of U.S. Patent No. 8,905,991 B2 (Ex. 1001, “the ’991 patent”). Paper 18. Kimberly-Clark Worldwide, Inc. (“Patent Owner”) filed a Request for Adverse Judgment Under 37 C.F.R. § 42.73(b)(2) dated November 2, 2015 “to expressly state its intent to forgo further participation” and to request that “the Board enter a final adverse judgment against [Patent Owner] on claims 1–10 of the ’991 patent.” Paper 22 (“Request”). A party may request adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Having reviewed the Request, we determine that entry of judgment against the Patent Owner with respect to claims 1–10 of the ’991 patent is appropriate. ORDER Accordingly, it is: ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1–10 of U.S. Patent No. 8,905,991 B2; FURTHER ORDERED that claims 1–10 of U.S. Patent No. 8,905,991 B2 are cancelled; and FURTHER ORDERED that this Order constitutes a final written decision under 35 U.S.C. § 318(a). IPR2015-00956 Patent 8,905,991 B2 3 PETITIONER: Kenneth P. George Brian A. Comack AMSTER, ROTHSTEIN & EBENSTEIN LLP kgeorge@arelaw.com bcomack@arelaw.com PATENT OWNER: Jennifer E. Hoekel Richard L. Bridge ARMSTRONG TEASDALE LLP jhoekel@armstrongteasdale.com rbridge@armstrongteasdale.com

First Quality Baby Products, LLC v. Kimberly-Clark Worldwide, Inc.