Trials
`Micah Drayton; Trials; todd.baker@kirkland.com; #Nike-SherryWear
`RE: Nike, Inc. v. SherryWear, LLC, IPR2024-01122 et al.
`Tuesday, November 26, 2024 8:42:47 AM
`image001.png
`
`From:
`To:
`Subject:
`Date:
`Attachments:
`
`Counsel,
`
`From the Board –
`
`The request to refile the Patent Owner Preliminary Response (“POPR”) and the Exhibits to correct
`inadvertent clerical errors, as listed in Patent Owner’s November 22, 2024 email, is granted. Patent
`Owner shall make no substantive changes to the content of the POPR. The exhibit numbers of the
`corrected exhibits must not change and should correspond to the exhibit numbers cited in the POPR.
`
`Please remember that, under Board practice, motions to seal are directed to confidential
`information contained in the papers and exhibits. For any paper or exhibit that is the subject of a
`motion to seal and filed as “Board and Parties Only,” Patent Owner should file a public version with
`any confidential information redacted.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`
`From: Micah Drayton <mdrayton@caldwelllaw.com>
`Sent: Friday, November 22, 2024 4:39 PM
`To: Trials <Trials@USPTO.GOV>; todd.baker@kirkland.com; #Nike-SherryWear <Nike-
`SherryWear@kirkland.com>
`Subject: Re: Nike, Inc. v. SherryWear, LLC, IPR2024-01122 et al.
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Hi Tina.
`
`SherryWear has agreed to acknowledge, in addition to the signature and certificate block
`omissions, that:
`1.
`only"
`2.
`3.
`
`The POPRs lacked word count certifications per 37 CFR 42.24(d)
`The Exhibits were not labeled as required in 37 CFR 42.63(d).
`
`Each POPR and exhibit was designated as available to "Parties and Board
`
`SherryWear will also make corrections for all of the above in a refiling and file a motion to
`seal pursuant to 37 CFR 42.54.
`
`Exhibit 3001
`
`
`Micah Drayton; Trials; todd.baker@kirkland.com; #Nike-SherryWear
`RE: Nike, Inc. v. SherryWear, LLC, IPR2024-01122 et al.
`Tuesday, November 26, 2024 8:42:47 AM
`image001.png
`
`From:
`To:
`Subject:
`Date:
`Attachments:
`
`Counsel,
`
`From the Board –
`
`The request to refile the Patent Owner Preliminary Response (“POPR”) and the Exhibits to correct
`inadvertent clerical errors, as listed in Patent Owner’s November 22, 2024 email, is granted. Patent
`Owner shall make no substantive changes to the content of the POPR. The exhibit numbers of the
`corrected exhibits must not change and should correspond to the exhibit numbers cited in the POPR.
`
`Please remember that, under Board practice, motions to seal are directed to confidential
`information contained in the papers and exhibits. For any paper or exhibit that is the subject of a
`motion to seal and filed as “Board and Parties Only,” Patent Owner should file a public version with
`any confidential information redacted.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`
`From: Micah Drayton <mdrayton@caldwelllaw.com>
`Sent: Friday, November 22, 2024 4:39 PM
`To: Trials <Trials@USPTO.GOV>; todd.baker@kirkland.com; #Nike-SherryWear <Nike-
`SherryWear@kirkland.com>
`Subject: Re: Nike, Inc. v. SherryWear, LLC, IPR2024-01122 et al.
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Hi Tina.
`
`SherryWear has agreed to acknowledge, in addition to the signature and certificate block
`omissions, that:
`1.
`only"
`2.
`3.
`
`The POPRs lacked word count certifications per 37 CFR 42.24(d)
`The Exhibits were not labeled as required in 37 CFR 42.63(d).
`
`Each POPR and exhibit was designated as available to "Parties and Board
`
`SherryWear will also make corrections for all of the above in a refiling and file a motion to
`seal pursuant to 37 CFR 42.54.
`
`Exhibit 3001
`
`
`
`
`
`Nike has indicated through counsel that they will not oppose SherryWear's request to refile
`given the above.
`
`
`
`Best,
`
`Micah
`
`
`--
`Micah Drayton
`Partner & Director, Technology Practice Group | 857.990.4942
`200 Clarendon Street, 59th floor, Boston, MA 02116
`
`
`NOTICE: The information contained in this communication is confidential, may be attorney-client, patent agent-client, or attorney-patent
`agent work product privileged, and is intended only for the use of the addressee. Unauthorized use, disclosure or copying is strictly
`prohibited and may be unlawful. If you have any questions, please contact my office immediately.
`
`From: Micah Drayton <mdrayton@caldwelllaw.com>
`Sent: Thursday, November 21, 2024 2:55 PM
`To: Trials <Trials@USPTO.GOV>; todd.baker@kirkland.com <todd.baker@kirkland.com>; #Nike-
`SherryWear <Nike-SherryWear@kirkland.com>
`Subject: Re: Nike, Inc. v. SherryWear, LLC, IPR2024-01122 et al.
`
`Hi Tina.
`
`Thank you for your communication. I have reached out to counsel for the Petitioner, and will
`advise promptly when I hear back.
`
`Best,
`Micah
`--
`Micah Drayton
`Partner & Director, Technology Practice Group | 857.990.4942
`200 Clarendon Street, 59th floor, Boston, MA 02116
`
`
`NOTICE: The information contained in this communication is confidential, may be attorney-client, patent agent-client, or attorney-patent
`agent work product privileged, and is intended only for the use of the addressee. Unauthorized use, disclosure or copying is strictly
`prohibited and may be unlawful. If you have any questions, please contact my office immediately.
`
`From: Trials <Trials@USPTO.GOV>
`Sent: Wednesday, November 20, 2024 1:03 PM
`To: Micah Drayton <mdrayton@caldwelllaw.com>; todd.baker@kirkland.com
`<todd.baker@kirkland.com>; #Nike-SherryWear <Nike-SherryWear@kirkland.com>
`
`
`
`Cc: Trials <Trials@USPTO.GOV>
`Subject: RE: Nike, Inc. v. SherryWear, LLC, IPR2024-01122 et al.
`
`
`Counsel,
`
`
`
`Our Rule 42.104 provides that “[a] motion may be filed that seeks to correct a clerical or
`typographical mistake in the petition. The grant of such a motion does not change the filing
`date of the petition.” Based on Patent Owner’s assertion that the error was an “inadvertent
`clerical error,” the Board is inclined to grant Patent Owner’s request to file a corrected
`version, without the necessity of filing a motion and reply. However, Patent Owner’s email
`does not indicate whether Petitioner opposes the request. Please confer with the Petitioner to
`determine whether or not Petitioner opposes the request and then email the Board to renew the
`request.
`
`
`
`Regards,
`
`
`
`Tina Lee
`
`Supervisory Paralegal Specialist
`
`Patent Trial and Appeal Board
`
`U.S. Patent and Trademark Office
`
`
`
`From: Micah Drayton <mdrayton@caldwelllaw.com>
`Sent: Tuesday, November 19, 2024 9:39 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: todd.baker@kirkland.com; #Nike-SherryWear <Nike-SherryWear@kirkland.com>
`Subject: Nike, Inc. v. SherryWear, LLC, IPR2024-01122 et al.
`
`
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE
`SOURCE before responding, clicking on links, or opening attachments.
`
`
`
`Dear Sir or Madam Clerk,
`
`
`
`
`
`With respect to the above-referenced IPR, and the related IPRs as referenced below, I omitted
`a signature block and certificate of service from the POPR filings on November 13 and
`November 14, per 37 CFR § 42.6(a) and (e). This was an inadvertent clerical error.
`
`
`
`Can you please confirm whether I can enter corrected versions with signature block
`referencing the filing dates of the POPR filings and certificates of service?
`
`
`
`The filings are POPR filings for IPR2024-01122, IPR2024-01123, IPR2024-01124, IPR2024-
`01125, IPR2024-01126, IPR2024-01127, IPR2024-01128, and IPR2024-01129.
`
`
`
`Best,
`
`Micah T. Drayton
`
`--
`
`Micah Drayton
`
`Partner & Director, Technology Practice Group | 857.990.4942
`
`200 Clarendon Street, 59th floor, Boston, MA 02116
`
`
`
`NOTICE: The information contained in this communication is confidential, may be attorney-client, patent agent-client, or attorney-
`patent agent work product privileged, and is intended only for the use of the addressee. Unauthorized use, disclosure or copying is
`strictly prohibited and may be unlawful. If you have any questions, please contact my office immediately.
`
`
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