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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA442422
`ESTTA Tracking number:
`11/22/2011
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91188397
`Plaintiff
`Bayer HealthCare LLC
`DAVID BEEMAN
`PATTISHALL McAULIFFE NEWBURY ET AL
`311 SOURTH WACKER DRIVE
`CHICAGO, IL 60606
`UNITED STATES
`rig@pattishall.com, pb@pattishall.com, stl@pattishall.com, lrb@pattishall.com
`Stipulated/Consent Motion to Extend
`David Beeman
`jnw@pattishall.com, pb@pattishall.com, dmb@pattishall.com,
`lrb@pattishall.com
`/David Beeman/
`11/22/2011
`Consented Motion Opp No 91188397.PDF ( 4 pages )(30548 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Filer's Name
`Filer's e-mail
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`In the Matter of Application Serial No. 77-454,816: NEODIAGNOSTIX
`Published in the Official Gazette of September 16, 2008
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`Opp. No. 91188397
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`BAYER HEALTHCARE LLC,
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`Opposer,
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`NEODIAGNOSTIX, INC.,
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`Applicant.
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`CONSENTED MOTION TO EXTEND REMAINING
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`DISCOVERY DEADLINES AND TRIAL PERIODS
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`Pursuant to Trademark Rule 2.120(a)(2) and the Board's October 6, 2011 Order, Opposer,
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`with Applicant's consent, requests that the Board extend the remaining discovery deadlines and
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`trial periods by thirty (30) days to allow the parties to discuss settlement and conclude discovery.
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`The parties are engaged in settlement negotiations and, pending the outcome of these
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`negotiations, may require discovery to follow-up on recently conducted depositions. In support
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`of this request, the parties state as follows:
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`1.
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`On September 26, 2011, Opposer, with Applicant's consent, filed a Consented
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`Motion to Extend Remaining Discovery Deadlines and Trial Periods to allow the parties to
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`negotiate settlement and complete potential discovery. The Board granted the motion on
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`October 6, 2011, and extended the remaining discovery deadlines through November 26, 2011.
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`2.
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`Opposer deposed Applicant's Rule 30(b)(6) designee on August 9, 2011.
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`Applicant deposed Opposer's Rule 30(b)(6) designee on August 10, 2011. The parties also have
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`exchanged written discovery and produced documents.
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`3.
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`After the depositions, the parties renewed settlement negotiations. To this end,
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`the parties are have prepared and are reviewing a written agreement that could resolve all
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`remaining issues in dispute.
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`Currently, fact discovery closes on November 26, 2011.
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`The parties now require additional time to conduct settlement negotiations and,
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`pending the outcome of the discussions, complete any remaining discovery in this proceeding.
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`6.
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`On March 20, 2009, the parties submitted a Stipulated Motion to Forgo Initial
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`Disclosures and Modify Discovery Dates. In the motion, the parties requested the Board permit
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`them to make expert disclosures and conduct expert discovery after fact discovery closes, in the
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`event that fact discovery revealed that expert discovery was unnecessary in the case. The parties
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`proposed a discovery timeline consisting of a date for fact discovery to close, followed by a due
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`date for expert disclosures, and concluding with a date for expert discovery to close.
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`7.
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`On March 25, 2009, the Board approved the modified discovery dates.
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`Subsequently, on October 6, 2011, the Board reset the discovery dates and rescheduled the
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`expert disclosure date prior to the close of fact discovery.
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`8.
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`Consistent with the Board's order of March 25, 2009, the parties respectfully
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`request that the expert disclosure deadline be rescheduled until after the close of fact discovery.
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`9.
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`Counsel for Applicant consented to this request in an e-mail to counsel for
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`Opposer on November 21, 2011.
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`10.
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`To allow the parties to complete necessary discovery, and consistent with the
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`Board’s prior orders, the parties now respectfully request that the remaining deadlines and trial
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`periods be extended by thirty (30) days as follows:
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`Fact Discovery Closes:
`Expert Discovery Closes:
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`December 26, 2011
`January 25, 2012
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`Plaintiff’s Pretrial Disclosures Due:
`Plaintiff’s 30-day Trial Period Ends:
`Defendant’s Pretrial Disclosures Due:
`Defendant’s 30-day Trial Period Ends:
`Plaintiff’s Rebuttal Disclosures Due:
`Plaintiff’s 15-day Rebuttal Period Ends:
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`March 10, 2012
`April 24, 2012
`May 9, 2012
`June 23, 2012
`July 8, 2012
`August 7, 2012
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`For the foregoing reasons, Opposer respectfully requests that the Board grant this
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`consented motion and reset the discovery deadlines and trial periods to the dates set forth above.
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`PATTISHALL, McAULIFFE, NEWBURY,
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` HILLIARD & GERALDSON LLP
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`By
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`/David Beeman /
`Joseph N. Welch, II
`Phillip Barengolts
`David Beeman
`311 South Wacker Drive
`Suite 5000
`Chicago, Illinois 60606
`(312) 554-8000
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`Attorneys for Opposer Bayer HealthCare LLC
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`Dated: November 22, 2011
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`CERTIFICATE OF SERVICE
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`I hereby certify that a copy of the foregoing CONSENTED MOTION TO EXTEND
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`REMAINING DISCOVERY DEADLINES AND TRIAL PERIODS was served upon Sherry
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`H. Flax, Saul Ewing LLP, 500 E. Pratt Street, Suite 900, Baltimore, Maryland 21202-3170, via
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`electronic mail at the address SFlax@saul.com, by agreement of the parties, on November 22,
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`2011.
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`/David Beeman/
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`CERTIFICATE OF ELECTRONIC TRANSMISSION
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`I hereby certify that this CONSENTED MOTION TO EXTEND REMAINING
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`DISCOVERY DEADLINES AND TRIAL PERIODS is being electronically transmitted to the
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`Patent and Trademark Office on November 22, 2011.
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`/David Beeman/

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