`Case No. IPR2015-00582
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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 IPR2015-00582
`Patent 8,388,501
`____________
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`PATENT OWNER’S PRELIMINARY RESPONSE
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`Inter Partes Review of U.S. Pat. No. 8,388,501
`Case No. IPR2015-00582
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`In accordance with 35 U.S.C. § 313 and 37 C.F.R. § 42.107, Kolcraft
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`Enterprises, Inc. (“Kolcraft” or “Patent Owner”) respectfully submits this
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`Preliminary Response to the Petition for Inter Partes Review of claims 1 -20 of
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`U.S. Patent No. 8,388,501 (the “‘501 patent”) filed by Artsana USA, Inc.
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`(“Artsana” or “Petitioner”). This Preliminary Response is timely under 37 C.F.R. §
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`42.107(b) because it is being filed within three months of the mailing date of the
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`Notice of Filing Date Accorded to Petition and Time for Filing Patent Owner
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`Preliminary Response (Paper 4), which was mailed on February 4, 2015.
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`As the Petitioner stated in Paper 3 the “Patent Owner…filed suit against
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`Petitioner…asserting…U.S. Patent No. 8,388,501…[and] Petitioner was served
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`with Patent Owner’s Complaint on July 11, 2013.” The instant proceeding was
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`filed on January 20, 2015, more than one year past the service of the Patent
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`Owner’s complaint, with a Motion for Joinder (Paper 3) to IPR2014-01053.
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`The Board stated in the Judgement, paper No. 24., of IPR2014-01053 that “it
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`is not in dispute that the Petitioner’s later Petition [the instant proceeding] would
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`otherwise be time barred if it could not be joined to a preexisting inter partes
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`review. We have considered the Request for Adverse Judgment, and Petitioner’s
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`request for delay, and hereby grant the Patent Owner’s request for adverse
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`judgment, without the requested delay.” IPR2014-01053 has been terminated and
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`Inter Partes Review of U.S. Pat. No. 8,388,501
`Case No. IPR2015-00582
`the instant proceeding cannot be joined to IPR2014-01053. The instant proceeding
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`is therefore undisputedly time barred by 35 U.S.C. § 315(b) and should be
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`terminated.
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`For the reasons discussed above, Kolcraft respectfully asks the Board to
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`to terminate the instant proceeding.
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`Dated: April 28, 2015
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`Respectfully submitted,
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`/Brian P. Lynch/
`Brian P. Lynch
`Registration No. 58,794
`blynch@niro-mcandrews.com
`NIRO, MCANDREWS & DOWELL, LLC
`200 West Madison Street, Suite 2040
`Chicago, Illinois 60606
`Telephone: (312) 755-8581
`Fax: (312) 674-7481
`
`Representative for Patent Owner
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`
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`Inter Partes Review of U.S. Pat. No. 8,388,501
`Case No. IPR2015-00582
`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
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`Preliminary Response has been served electronically in its entirety to the attorneys
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`of record for the Petitioner this April 28, 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: April 28, 2015
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`Respectfully submitted,
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`/ Brian P. Lynch/
`Brian P. Lynch
`Registration No. 58,794
`blynch@niro-mcandrews.com
`NIRO, MCANDREWS & DOWELL, LLC
`200 West Madison Street, Suite 2040
`Chicago, Illinois 60606
`Telephone: (312) 755-8581
`Fax: (312) 674-7481
`
`Representative for Patent Owner
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