Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
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`ESTTA1153192
`
`Filing date:
`
`08/13/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92073643
`
`Party
`
`Correspondence
`Address
`
`Defendant
`ClinicalMind, LLC
`
`DEBORAH M LODGE
`SQUIRE PATTON BOGGS US LLP
`2550 M STREET NW
`WASHINGTON, DC 20037
`UNITED STATES
`Primary Email: ip-squiretm@squirepb.com
`Secondary Email(s): deborah.lodge@squirepb.com, james.lyons@squirepb.com
`202-457-6030
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Stipulated/Consent Motion to Extend
`
`Deborah M. Lodge
`
`ip-squiretm@squirepb.com, deborah.lodge@squirepb.com,
`james.lyons@squirepb.com
`
`/Deborah M. Lodge/
`
`08/13/2021
`
`08-13-21 - Consented Motion to Extend Deadlines For Settlement Discus
`sions.pdf(56416 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA1153192
`
`Filing date:
`
`08/13/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92073643
`
`Party
`
`Correspondence
`Address
`
`Defendant
`ClinicalMind, LLC
`
`DEBORAH M LODGE
`SQUIRE PATTON BOGGS US LLP
`2550 M STREET NW
`WASHINGTON, DC 20037
`UNITED STATES
`Primary Email: ip-squiretm@squirepb.com
`Secondary Email(s): deborah.lodge@squirepb.com, james.lyons@squirepb.com
`202-457-6030
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Stipulated/Consent Motion to Extend
`
`Deborah M. Lodge
`
`ip-squiretm@squirepb.com, deborah.lodge@squirepb.com,
`james.lyons@squirepb.com
`
`/Deborah M. Lodge/
`
`08/13/2021
`
`08-13-21 - Consented Motion to Extend Deadlines For Settlement Discus
`sions.pdf(56416 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Engage Health, Inc.,
`
`Plaintiff,
`
`v.
`
`ClinicalMind, LLC,
`
`Defendant.
`
`
`
`
`
`
` Cancellation No. 92073643
`
`
`
`Consented Motion to Extend Deadlines For Settlement Discussions
`
`
`
`
`
`
`
`Plaintiff Engage Health, Inc. (“Plaintiff” or “ENGAGE”) and Defendant ClinicalMind,
`
`LLC (“Defendant” or “CLINICALMIND”) are working to settle this Cancellation. With the
`
`consent of Plaintiff and on behalf of the parties, CLINICALMIND respectfully requests that the
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`proceeding deadlines in this case be extended by thirty days (as set out below) to afford the parties
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`the opportunity to complete settlement and fully execute a written settlement agreement. There is
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`no motion currently pending and no other motion is being filed concurrent with this consent
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`motion.
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`Per the Board’s July 20, 2021 Order, the parties hereby provide a report on the progress of
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`the parties’ settlement efforts.
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`Since the last update submitted on July 16, 2021, the parties have continued negotiating
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`specific settlement language. On July 16, 2021, Defendant’s attorney sent opposing counsel
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`further comments on revised draft settlement agreement. Plaintiff’s counsel reviewed the same and
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`provided opposing counsel with comments on August 12, 2021. Defendant’s counsel made a
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`preliminary response to those comments but additional review and revisions are necessary. The
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`parties thus are continuing settlement discussions diligently and are hopeful that terms of an
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`agreement will be finalized within the next 30 days.
`
`
`010-9250-5142/1/AMERICAS
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`
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`
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`Based on the foregoing, the parties respectfully submit that good cause exists for the Board
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`to grant the requested extension of the proceeding deadlines. Accordingly, the parties therefore
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`respectfully request that the Board extend by thirty days and reset the proceeding deadlines as
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`follows:
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`
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`Current
`Schedule
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`Proposed
`Schedule
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`Time to Answer
`
`08/15/2021
`
`09/14/2021
`
`Deadline for Discovery Conference
`
`09/14/2021
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`10/14/2021
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`Discovery Opens
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`09/14/2021
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`10/14/2021
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`Initial Disclosures Due
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`10/14/2021
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`11/13/2021
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`Expert Disclosures Due
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`02/11/2022
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`03/13/2022
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`Discovery Closes
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`03/13/2022
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`04/12/2022
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`Plaintiff's Pretrial Disclosures Due
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`04/27/2022
`
`05/27/2022
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`Plaintiff's 30-day Trial Period Ends
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`06/11/2022
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`07/11/2022
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`Defendant's Pretrial Disclosures Due
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`06/26/2022
`
`07/26/2022
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`Defendant's 30-day Trial Period Ends
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`08/10/2022
`
`09/09/2022
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`Plaintiff's Rebuttal Disclosures Due
`
`08/25/2022
`
`09/24/2022
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`Plaintiff's 15-day Rebuttal Period Ends
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`09/24/2022
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`10/24/2022
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`Plaintiff's Opening Brief Due
`
`11/23/2022
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`12/23/2022
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`Defendant's Brief Due
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`12/23/2022
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`01/22/2023
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`Plaintiff's Reply Brief Due
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`01/07/2023
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`02/06/2023
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`Request for Oral Hearing (optional) Due
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`01/17/2023
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`02/16/2023
`
`
`
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`010-9250-5142/1/AMERICAS
`
`
`2
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`
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`As shown above, this extension request is not filed for the purposes of delay. The parties
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`are working on settlement and submit that extending proceeding deadlines will save resources for
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`the Board and for the parties.
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`Date: August 13, 2021
`
`Respectfully Submitted,
`
`
`
`/ Deborah M. Lodge/
`By:
`Deborah M. Lodge
`SQUIRE PATTON BOGGS (US) LLP
`2550 M Street NW
`Washington, DC 20037
`Telephone:
`(202) 457-6030
`Email: deborah.lodge@squirepb.com,
`ip-squiretm@squirepb.com,
`james.lyons@squirepb.com
`
`Attorney for Defendant
`CLINICALMIND, LLC
`
`
`010-9250-5142/1/AMERICAS
`
`
`3
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`
`
`
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and complete copy of the foregoing CONSENTED MOTION
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`TO EXTEND DEADLINES FOR SETTLEMENT DISCUSSIONS has been served on
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`Plaintiff Engage Health, Inc., by email correspondence, addressed to Plaintiff as follows:
`
`Stephen R Baird
`GREENBERG TRAURIG LLP
`90 South Seventh Street, Suite 3500
`Minneapolis, MN 55402
`gtipmail@gtlaw.com,
`bairds@gtlaw.com,
`wesemand@gtlaw.com,
`classenc@gtlaw.com
`
`
`
`
`
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`this 13th Day of August 2021.
`
`
`
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`
`
`
`
`
`
`
`
`
`
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`
`
`
`
`/ Deborah M. Lodge/
`Deborah M. Lodge
`
`By:
`
`
`
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`010-9250-5142/1/AMERICAS
`
`
`
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