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`ESTTA Tracking number:
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`ESTTA943429
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`Filing date:
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`12/21/2018
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
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`91240294
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`Party
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`Correspondence
`Address
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`Defendant
`PathoQuest
`
`ANNA L KING
`BANNER & WITCOFF LTD
`71 SOUTH WACKER DRIVE, SUITE 3600
`CHICAGO, IL 60606
`UNITED STATES
`bwptotm@bannerwitcoff.com, bwlitdocket@bannerwitcoff.com, ak-
`ing@bannerwitcoff.com, mhouston@bannerwitcoff.com
`312-463-5000
`
`Submission
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`Filer's Name
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`Filer's email
`
`Stipulated/Consent Motion to Extend
`
`Anna L. King
`
`bwptotm@bannerwitcoff.com, bwlitdocket@bannerwitcoff.com, ak-
`ing@bannerwitcoff.com, mhouston@bannerwitcoff.com
`
`Signature
`
`Date
`
`/Anna King/
`
`12/21/2018
`
`Attachments
`
`008219.00059 - Consent Motion to Extend.pdf(141526 bytes )
`
`
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`IN THE MATTER OF APPLICATION
`Mark:
`PATHOQUEST
`Applicant:
`PathoQuest
`Serial No.:
`79/195950
`Published in
`the Official Gazette: September 26, 2017
`
`Opposition No. 91240294
`
`Opposer,
`
`--------------------------------------------------------------x
`QUEST DIAGNOSTICS INVESTMENTS LLC,
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`Applicant.
`--------------------------------------------------------------x
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`v.
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`PATHOQUEST
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`CONSENT MOTION TO EXTEND
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`On December 3, 2018, PathoQuest, with the consent of Quest Diagnostic
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`Investments LLC, filed a Motion to Extend the December 2, 2018 Answer deadline, along
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`with all subsequent Discovery and Trial Dates, by 30 days. In as far as the Trademark
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`Trial and Appeal Board has not acted on the Motion to Extend, the parties are acting under
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`the schedule proposed in the Motion to Extend filed on December 2, 2018.
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`As such, the deadline for Applicant to file and serve its Answer is currently set to
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`close on January 1, 2019. In light of the end-of-year holidays, and with the consent of
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`Quest Diagnostic Investments LLC, PathoQuest requests that such date be extended for 30
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`days, or until January 31, 2019, and that all subsequent dates, including deadline for
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`discovery conference, close of discovery, pretrial disclosures and testimony periods, be
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`reset accordingly as follows:
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`1
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`Event Scheduled
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`Time to Answer
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`Deadline for Discovery Conference
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`Discovery Opens
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`Initial Disclosures Due
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`Expert Disclosures Due
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`Discovery Closes
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`Plaintiff’s Pretrial Disclosures
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`Plaintiff’s 30-day Trial Period Ends
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`Defendant’s Pre-trial Disclosures
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`Defendant’s 30-day Trial Period Ends
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`Plaintiff’s Rebuttal Disclosures
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`Plaintiff’s 15-day Rebuttal Period ends
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`Plaintiff’s Opening Brief Due
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`Defendant’s Brief Due
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`Plaintiff’s Reply Brief Due
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`Request for Oral Hearing (optional) Due
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`Date
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`January 31, 2019
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`March 2, 2019
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`March 2, 2019
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`April 1, 2019
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`July 30, 2019
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`August 29, 2019
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`October 13, 2019
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`November 27, 2019
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`December 12, 2019
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` January 26, 2020
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` February 10, 2020
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` March 11, 2020
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`May 10, 2020
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`June 9, 2020
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`June 24, 2020
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`July 4, 2020
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`The grounds for this request are as follows:
`
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` Parties are engaged in settlement discussions.
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`
`PathoQuest has secured the express consent of all other parties to this proceeding for the
`extension and resetting of all dates requested herein.
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`PathoQuest has provided an e-mail address herewith for itself and for the opposing party so
`that any order on this motion may be issued electronically by the Board.
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`2
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`
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`Date: December 21, 2018
`
`/Anna King/_________________________
`Anna L. King
`Banner & Witcoff, Ltd.
`71 South Wacker Drive, Suite 3600
`Chicago, IL 60606
`(312) 463-5000
`aking@bannerwitcoff.com, mhouston@bannerwitcoff.com,
`bwlitdocket@bannerwitcoff.com, bwptotm@bannerwitcoff.com
`Attorneys for PathoQuest
`
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`3
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the Consent Motion to Extend has been
`served on Applicant’s Counsel of Record by forwarding said copy on December 21, 2018,
`via email to:
`
`
`Shima S. Roy
`Baker & McKenzie LLP
`300 East Randolph Street, Suite 5000
`Chicago, Illinois 60601
`chisusptomail@bakermckenzie.com, david.davis@bakermckenzie.com,
`shima.roy@bakermckenzie.com
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`__/mark houston/______________
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`Mark Houston
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`4
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