`Trials@uspto.gov
`571-272-7822 Date: September 25, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TARGET CORPORATION,
`Petitioner,
`
`v.
`
`DESTINATION MATERNITY CORPORATION,
`Patent Owner.
`
`
`
`
`
`Case IPR2014-00509
`Patent RE43,531 E
`
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY, Administrative Patent Judges.
`
`FITZPATRICK, Administrative Patent Judge.
`
`
`DECISION
`Denying Motion for Joinder
`35 U.S.C. 315(c)
`
`
`
`Case IPR2014-00509
`Patent RE43,531 E
`
`
`
`
`
`Petitioner Target Corporation filed a corrected Petition (“Petition”) for
`an inter partes review of claims 1, 2, 5, 6, 10, 11, 15–19, and 24–291 of U.S.
`Patent No. RE43,531 E (the “’531 patent”). Paper 9. Petitioner previously
`filed two other petitions for inter partes reviews of different, yet
`overlapping, subsets of claims of the ’531 patent. We instituted trial in both
`of those proceedings: IPR2013-00532 and IPR2013-00533 (“the pending
`trials”). Collectively, we instituted trial on all but two of the claims of the
`’531 patent that Petitioner had challenged in the pending trials. See Paper 10
`in IPR2013-00532 (instituting trial on all of challenged claims 1, 2, 5, 6, 10,
`11, and 15–17); Paper 11 in IPR2013-00533 (instituting trial on challenged
`claims 1 and 24–29 but not on challenged claims 18 and 19).
`Concurrently with the filing of its instant Petition, Petitioner filed a
`motion for joinder pursuant to 35 U.S.C. § 315(c). Paper 3, 1. Specifically,
`Petitioner Target Corp. seeks to have the instant “Petition . . . joined with the
`instituted inter partes review, Target Corp. v. Destination Maternity Corp.,
`IPR2013-00533.” Id.
`Section 315(c) authorizes joinder of a person, not a petition, to an
`instituted inter partes review. It does not provide a mechanism for joining
`Target’s petition here to the instituted IPR2013-00533.2
`Accordingly, it is
`ORDERED that Petitioner’s motion for joinder is denied.
`
`
`1 Petitioner subsequently filed a motion to limit the claims being challenged
`by its Petition to only claims 1, 18, and 19. Paper 7.
`2 Our detailed analysis of 35 U.S.C. § 315(c) is provided in a decision
`denying Petitioner Target’s motion for joinder in IPR2014-00508.
`
`2
`
`
`
`
`
`
`3
`
`Case IPR2014-00509
`Patent RE43,531 E
`
`For PETITIONER:
`
`Norman Hedges
`norman.hedges@faegrebd.com
`
`Trevor Carter
`trevor.carter@faegrebd.com
`
`Daniel Lechleiter
`daniel.lechleiter.ptab@faegrebd.com
`
`
`
`For PATENT OWNER:
`
`Paul Taufer
`paul.taufer@dlapiper.com
`
`
`
`Michael Burns
`Michael.Burns@dlapiper.com
`
`
`
`Stuart Pollack
`stuart.pollack@dlapiper.com
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
