`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`
`
`Mailed: July 20, 2009
`
`Opposition No. 91190389
`
`Bayer HealthCare LLC
`
`
`v.
`
`
`BioNovix, Inc.
`
`
`
`
`
`Rochelle Ricks, Paralegal Specialist:
`
`The Board has been notified on June 22, 2009, by the
`
`
`
`opposer of two possible alternative addresses for applicant.
`
`The notice instituting this proceeding and a copy of the
`
`notice of opposition were forwarded to opposer but were
`
`returned by the Postal Service as undeliverable.
`
`
`
`Accordingly, the above notice is hereby remailed to
`
`applicant at address provided by opposer as listed below:
`
`BioNovix, Inc.
`160 Greentree Drive #101
`Dover, DE 19904
`
`Roger L Cohen, Statutory Agent of BioNovix, Inc.
`3220 North Central Avenue #2000
`Phoenix, AZ 85011
`
`In view of the circumstances herein, the time for
`
`filing an answer to the notice of opposition is extended to
`
`FORTY DAYS from the mailing date of this order.
`
`
`
`
`
`In accordance with the Trademark Rules of Practice,
`
`discovery and testimony dates are reset as indicated below.
`
`Time to Answer
`Deadline for Discovery Conference
`Discovery Opens
`Initial Disclosures Due
`Expert Disclosures Due
`Discovery Closes
`Plaintiff's Pretrial Disclosures
`Plaintiff's 30-day Trial Period Ends
`Defendant's Pretrial Disclosures
`Defendant's 30-day Trial Period Ends
`Plaintiff's Rebuttal Disclosures
`Plaintiff's 15-day Rebuttal Period Ends
`
`
`8/29/09
`9/28/09
`9/28/09
`10/28/09
`2/25/10
`3/27/10
`5/11/10
`6/25/10
`7/10/10
`8/24/10
`9/8/10
`10/8/10
`
`Briefs shall be filed in accordance with Trademark
`
`Rule 1.128(a) and (b). An oral hearing will be set only
`
`upon request filed as provided by Trademark Rule 2.129.
`
`NEWS FROM THE TTAB:
`
`The USPTO published a notice of final rulemaking in the
`Federal Register on August 1, 2007, at 72 F.R. 42242. By
`this notice, various rules governing Trademark Trial and
`Appeal Board inter partes proceedings are amended. Certain
`amendments have an effective date of August 31, 2007, while
`most have an effective date of November 1, 2007. For
`further information, the parties are referred to a reprint
`of the final rule and a chart summarizing the affected
`rules, their changes, and effective dates, both viewable on
`the USPTO website via these web addresses:
`http://www.uspto.gov/web/offices/com/sol/notices/72fr42242.pdf
`http://www.uspto.gov/web/offices/com/sol/notices/72fr42242_FinalR
`uleChart.pdf
`
`By one rule change effective August 31, 2007, the Board's
`standard protective order is made applicable to all TTAB
`inter partes cases, whether already pending or commenced on
`or after that date. However, as explained in the final
`rule and chart, this change will not affect any case in
`
`
`
`which any protective order has already been approved or
`imposed by the Board. Further, as explained in the final
`rule, parties are free to agree to a substitute protective
`order or to supplement or amend the standard order even
`after August 31, 2007, subject to Board approval. The
`standard protective order can be viewed using the following
`web address:
`http://www.uspto.gov/web/offices/dcom/ttab/tbmp/stndagmnt.htm
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