Nike, Inc.v.Mayfonk Athletic LLC

Patent Trial and Appeal Board

Oct 1, 2015

13591895 (P.T.A.B. Oct. 1, 2015)

Trials@uspto.gov Paper 11
571-272-7822 Entered: Oct. 1, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

NIKE, INC.,
Petitioner,

v.

MAYFONK ATHLETIC, LLC,
Patent Owner.
____________

Case IPR2015-00655 & Case IPR2015-00656
(Patent 8,860,584 B1)1
____________

Before SALLY C. MEDLEY, KARL D. EASTHOM,
and JASON J. CHUNG, Administrative Patent Judges.

EASTHOM, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
35 U.S.C. § 317
37 C.F.R. §§ 42.72, 42.73, 42.74

1 This Judgment is entered in each identified case.
IPR2015-00655 & IPR2015-00656
Patent 8,860,584 B1
2

The parties filed a joint motion in each case to terminate each
proceeding (“Motion”) and a true copy of their written settlement agreement
in accordance with 37 C.F.R. § 42.74(b) and 35 U.S.C. § 317(b). Paper 10;
Ex. 1014. The Motion states that “the parties have settled their dispute as
to” U.S. Patent No. 8,860,584. Paper 10, 2. The Board does not have before
it full briefing on the trial issues, and has not entered a final decision.
Accordingly, it is appropriate to enter judgment terminating this proceeding,
without rendering a final written decision. See 37 C.F.R. §§ 42.2; 42.72;
42.73(a).2
It is
ORDERED that the joint motion to terminate IPR2015-00655 and
IPR2015-00656 is granted; and
FURTHER ORDERED that the proceeding is terminated.
PETITIONER:
Edward H. Sikorski
James M. Heintz
DLA Piper LLC (US)
Nike-Mayfonk-IPR@dlapiper.com
Nike-Mayfonk-IPR@dlapiper.com

PATENT OWNER:
Edward J. Benz
Naveen Modi
Paul Hastings LLP
joebenz@paulhastings.com
naveenmodi@paulhastings.com

2 A judgment “means a final written decision by the Board, or a termination
of a proceeding.” 37 C.F.R. § 42.2.