`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`TARGET CORPORATION
`Petitioner
`
`v.
`
`DESTINATION MATERNITY CORPORATION
`Patent Owner
`_____________
`
`Case IPR2013-005331
`Patent No. RE43,531 E
`_____________
`
`Dated: April 20, 2015
`
`Before MICHAEL P. TIERNEY, LORA M. GREEN, JONI Y. CHANG, THOMAS
`L. GIANNETTI, JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY, Administrative Patent Judges.
`
`PATENT OWNER’S MOTION FOR ADVERSE JUDGMENT UNDER 37
`C.F.R. § 42.73(b)
`
`1 Case IPR2014-00509 had been joined with this proceeding.
`
`EAST\97109551.1
`
`1
`
`
`
`On February 19, 2014, the Board initiated trial in IPR2013-00533 for claims 1
`
`and 24–29 of U.S. Patent No. RE43,531.
`
`IPR2013-00533, Paper 11, p. 2. The
`
`Board did not initiate trial on claims 18 and 19. Id. On February 12, 2015, the Board
`
`initiated trial in IPR2014-00509 for claims 18 and 19 pursuant to joinder of
`
`Petitioner's March 14, 2014 Petition for Inter Partes Review.
`
`IPR2014-00509,
`
`Paper 31, p. 16. Accordingly, claims 1, 18, 19, and 24–29 are currently pending in
`
`these joined proceeding.
`
`Petitioner and Patent Owner have now settled their disputes regarding the
`
`patents in these proceedings. In accordance with the settlement, Patent Owner now
`
`respectfully asks that the Board cancel claims 1, 18, 19, and 24–29, and enter
`
`adverse judgment against it under 37 C.F.R. § 42.73(b). The Board provided
`
`authorization for this Motion via e-mail on April 20, 2015.
`
`RELIEF REQUESTED
`
`In view of the cancellation of all claims remaining at trial, Patent Owner
`
`respectfully requests that the Board enter a final adverse judgment against Patent
`
`Owner in this case pursuant to 37 C.F.R. § 42.73(b)(2).
`
`EAST\97109551.1
`
`2
`
`
`
`Dated: April 20, 2015
`
`Respectfully submitted,
`
`DLA PIPER LLP (US)
`/s/ Paul Taufer
`Paul A. Taufer (USPTO Reg. No.
`35,703)
`Michael L. Burns (USPTO Reg. No.
`57,593)
`DLA Piper LLP (US)
`One Liberty Place
`1650 Market Street, Suite 4900
`Philadelphia, PA 19103
`Phone: (215) 656-3385
`Facsimile: (215) 606-3385
`paul.taufer@dlapiper.com
`michael.burns@dlapiper.com
`
`Stuart Pollack (USPTO Reg. No. 43,862)
`DLA Piper LLP (US)
`1251 Avenue of the Americas
`27th Floor
`New York, NY 10020-1104
`Phone: (212) 335-4964
`Facsimile: (212) 884-
`stuart.pollack@dlapiper.com
`
`Attorneys for Patent Owner, Destination
`Maternity Corporation
`
`EAST\97109551.1
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6, the undersigned certifies that on April 20,
`
`2015, a complete and entire copy of the foregoing document was provided via email
`
`to the Petitioner by serving the email correspondence address of record as follows:
`
`R. Trevor Carter
`Daniel M. Lechleiter
`Faegre Baker Daniels LLP
`300 N. Meridian Street, Suite 2700
`Indianapolis, Indiana 46204-1750
`Phone: (317) 237-0300
`Fax: (317) 237-1000
`trevor.carter@FaegreBD.com
`daniel.lechleiter@FaegreBD.com
`
`/s/ Paul Taufer
`Paul A. Taufer
`
`EAST\97109551.1
`
`4
`
`
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