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Paper No. 10
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`NIKE, INC.
`Petitioner
`
`v.
`
`MAYFONK ATHLETIC, LLC
`Patent Owner
`_____________
`
`Case IPR2015-00656
`U.S. Patent No. 8,860,584
`_____________
`
`
`
`
`JOINT MOTION TO TERMINATE PROCEEDING
`PURSUANT TO 35 U.S.C. §317
`
`
`
`
`
`
`
`
`
`
`
`
`WEST\261077260.1
`
`1
`
`

`
`U.S. Patent No.8,806,584
`Joint Motion to Terminate IPR2015-00656
`
`Pursuant to 35 U.S.C. §317(a), Nike, Inc. (“Petitioner”) and Mayfonk
`
`Athletic, LLC (“Patent Owner”) jointly request termination of IPR2015-00656,
`
`which is directed to U.S. Patent No. 8,860,584 (the “’584 patent”). The grant of this
`
`motion will result in the termination of this inter partes review.
`
`The parties have settled their dispute as to the ’584 patent, including an
`
`agreement to terminate this inter partes review. The parties’ agreement has been
`
`made in writing, a true copy of which is attached as Exhibit 1014.
`
`
`
`Related District Court Litigation and Status
`
`The ’584 patent was asserted in the following pending litigation:
`
`Case Name
`
`Case No.
`
`Court
`
`Status
`
`Mayfonk, Inc., v.
`Nike, Inc.
`
`3:14-cv-00423-MO D.Oregon Pending as to matters
`other than ’584 patent.
`Dismissal of ’584 Patent
`With Prejudice entered
`on September 23, 2015.
`
`
`
`//
`
`//
`
`//
`
`
`
`WEST\261077260.1
`
`2
`
`

`
`U.S. Patent No.8,806,584
`Joint Motion to Terminate IPR2015-00656
`
`As stated in U.S.C. §317(a), because Petitioner and Patent Owner jointly
`
`request this termination as to Petitioner, no estoppel under U.S.C. §315(e) shall
`
`attach to Nike, Inc.
`
`Dated: September 30, 2015
`
`Respectfully submitted,
`
`
`/s/ Edward H. Sikorski
`Edward H. Sikorski (Reg. No. 39,478
`James M. Heintz (Reg. No. 41,828)
`
`DLA PIPER LLP (US)
`401 B Street, Suite 1700
`San Diego, CA 92101
`Nike-Mayfonk-IPR@dlapiper.com
`Telephone: (619) 699-2645
`Facsimile: (619) 764-6645
`
`Attorneys for Petitioner, Nike, Inc.
`
`
`
`
`
`
`
`3
`
`/s/ Edward J. Benz III
`Edward J. Benz III
`(Reg. No. 55,811)
`
`Paul Hastings LLP
`1170 Peachtree Street, N.E.
`Suite 100
`Atlanta, GA 30309
`joebenz@paulhastings.com
`Telephone: (404) 815-2329
`Facsimile: (404) 685-5329
`
`Attorneys for Patent Owner,
`Mayfonk Athletic, LLC
`
`
`
`
`
`
`
`
`
`
`
`WEST\261077260.1
`
`

`
`U.S. Patent No.8,806,584
`Joint Motion to Terminate IPR2015-00656
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6, the undersigned certifies that on September 30,
`
`2015, a complete copy of the foregoing document was provided via email to the
`
`Patent Owner by serving the email correspondence address of record as follows:
`
`
`
`Edward J. Benz III, Esq.
`Paul Hastings LLP
`1170 Peachtree Street, N.E.
`Suite 100
`Atlanta, GA 30309
`joebenz@paulhastings.com
`
`Dale Di Maggio (Reg. No. 31,823)
`Malin Haley DiMaggio & Bowen, P.A.
`1936 S. Andrews Avenue
`Fort Lauderdale, FL 33316
`dpd@mhdpatents.com
`
`
`/s/ Edward H. Sikorski
`Edward H. Sikorski
`
`DLA PIPER LLP (US)
`401 B Street, Suite 1700
`San Diego, CA 92101
`Nike-Mayfonk-IPR@dlapiper.com
`Telephone: (619) 699-2645
`Facsimile: (619) 764-6645
`
`
`
`
`
`
`Dated: September 30, 2015
`
`
`
`
`WEST\261077260.1
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`4

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