Chemi NutraDownload PDFPatent Trials and Appeals BoardAug 25, 2020DER2015-00003 (P.T.A.B. Aug. 25, 2020) Copy Citation Trials@uspto.gov Paper 6 571-272-7822 Date Entered: August 25, 2020 UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ SPORTS NUTRITION RESEARCH, LTD., Petitioner Application No. 13/907,090, v. CHEMI NUTRA, Respondent Application No. 13/901,423. ____________ Case DER2015-00003 ____________ Before JAMESON LEE, SALLY C. MEDLEY, and JAMES T. MOORE, Administrative Patent Judges. LEE, Administrative Patent Judge. DECISION Dismissal Prior to Institution of Trial 35 U.S.C. § 135 DER2015-00003 Petitioner Application No. 13/907,090 Respondent Application No. 13/901,423 2 On August 24, 2020, a conference call was held. The participants were respective counsel for the parties, Judge Jameson Lee, Judge Sally Medley, and Judge James T. Moore. The subject matter discussed is whether Petitioner intends to pursue this Petition further in light of the Decision in related derivation proceeding DER2013-00001, dated October 11, 2019, and the Rehearing Decision in DER2013-00001, dated April 3, 2020. DER2013-00001, Papers, 20, 24. Counsel for Petitioner requested dismissal of its Petition, given that (1) all of its involved application claims in Application 13/907,090 are no longer patentable and all remaining claims are directed to patentably distinct subject matter; (2) all of Respondent’s claims in Application 13/901,423 have been rejected over prior art; and (3) Respondent has abandoned Application 13/901,423. Counsel for Respondent expressed that Respondent does not oppose the requested dismissal of the Petition. Counsel for Respondent also did not dispute any of the three underlying facts, as alleged by Petitioner and as noted above.1 ORDER It is ORDERED that Petitioner’s request for dismissal is treated as a Motion to Dismiss the Petition, and the Motion to Dismiss the Petition is granted; FURTHER ORDERED that the Petition is dismissed; and FURTHER ORDERED that this proceeding is terminated. 1 The Examiner has not yet issued a Notice of Abandonment in Respondent’s Application 13/901,423. DER2015-00003 Petitioner Application No. 13/907,090 Respondent Application No. 13/901,423 3 PETITIONER: Barry Negrin Paul Szabo KANE KESSLER, P.C. bnegrin@kanekessler.com pszabo@kanekessler.com RESPONDENT: Silvia Salvadori SILVIA SALVADORI, P.C. silvia@salvadorilaw.com Copy with citationCopy as parenthetical citation
