`Case No. IPR2014-01053
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`ARTSANA USA, INC.,
`Petitioner
`v.
`KOLCRAFT ENTERPRISES, INC.,
`Patent Owner
`____________
`Case IPR2014-01053
`Patent 8,388,501
`____________
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`PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT UNDER 37
`C.F.R. § 42.73(b)
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Inter Partes Review of U.S. Pat. No. 8,388,501
`Case No. IPR2014-01053
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`ARGUMENT
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`The Board instituted review in the above-captioned proceeding for claims 1-
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`5 and 8 of U.S. Patent No. 8,388,501, but denied review of all other claims in the
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`patent, namely, claims 6, 7, and 9-20, under grounds 4-7. Institution Decision 14
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`at 32-33. The Petitioner requested a rehearing of the Board’s decision. Rehearing
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`Request 16. In the Board decision issued today, Order 22, the Board modified the
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`wording of its decision, but “decline[d] to alter our decision not to institute on
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`grounds 4-7. Order 22 at 7.
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`“A party may request judgment against itself at any time during a
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`proceeding.” 37 C.F.R. § 42.73(b)(2). Accordingly, Kolcraft respectfully requests
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`judgment against itself, and asks that the Board cancel the only claims remaining
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`in this proceeding (claims 1-5 and 8) and enter adverse judgment against it.
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`Inter Partes Review of U.S. Pat. No. 8,388,501
`Case No. IPR2014-01053
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`RELIEF REQUESTED
`In view of the cancellation of all claims remaining in the trial, Kolcraft
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`respectfully requests the Board enter a final adverse judgment against Kolcraft on
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`the claims remaining in this case (claims 1-5 and 8) pursuant to 37 C.F.R. §
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`Respectfully submitted,
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`/ Anthony E. Dowell/
`Anthony E. Dowell
`Registration No. 39,661
`aedowell@niro-mcandrews.com
`NIRO, MCANDREWS, DOWELL &
`GROSSMAN, LLC
`200 West Madison Street, Suite 2040
`Chicago, Illinois 60606
`Telephone: (312) 755-8578
`Fax: (312) 674-7481
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`Attorney for Patent Owner
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`42.73(b)(2).
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`Dated: March 6, 2015
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`Inter Partes Review of U.S. Pat. No. 8,388,501
`Case No. IPR2014-01053
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`Certificate of Service in Compliance With 37 C.F.R. § 42.6(e)(4)
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`The undersigned certifies that a complete copy of Patent Owner’s Request
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`for Adverse Judgment has been served electronically in its entirety to the attorneys
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`of record for the Petitioner this March 6, 2015, via email:
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`Anthony S. Volpe, Reg. No. 28,377
`Ryan W. O'Donnell, Reg. No. 53,401
`Volpe and Koenig, P.C.
`30 South 17th Street, Suite 1800
`Philadelphia, PA 19103-4009
`Telephone: (215) 568-6400
`Facsimile: (215) 568-6499
`Email: patents@vklaw.com
`avolpe@vklaw.com
`rodonnell@vklaw.com
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`Dated: March 6, 2015
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`Respectfully submitted,
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`/ Anthony E. Dowell/
`Anthony E. Dowell
`Registration No. 39,661
`aedowell@niro-mcandrews.com
`NIRO, MCANDREWS, DOWELL &
`GROSSMAN, LLC
`200 West Madison Street, Suite 2040
`Chicago, Illinois 60606
`Telephone: (312) 755-8578
`Fax: (312) 674-7481
`
`Attorney for Patent Owner
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