PTO Form 1822 (Rev 11/2007)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`Response to Suspension Inquiry or Letter of Suspension
`
`The table below presents the data as entered.
`
`Input Field
`
`Entered
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK FILE NAME
`
`CIVIL ACTION PROCEEDING(S)
`
`77921829
`
`LAW OFFICE 102
`
`http://tmng-al.uspto.gov/resting2/api/img/77921829/large
`
`Civil Action No(s). 11-cv-01846-LHK is/are still pending. The applicant hereby requests that the application be re-suspended.
`
`COMMENT(S)/REMARK(S)
`
`In response to the examining attorney's February 23, 2015 suspension inquiry, Applicant Apple Inc. respectfully requests that the application
`remain suspended. Action was initially stayed pending the resolution of Apple Inc. v. Samsung Electronics Co., Ltd., et al., Case No. 11-
`cv-01846-LHK (N.D. Cal.), which involves issues related to the protectability of the trade dress of Apple's iPad product. On March 6, 2014,
`the district court issued a final judgment in that action, from which both parties appealed to the Federal Circuit under docket numbers
`2014-1335 and 2014-1368. On May 18, 2015, the Federal Circuit issued decisions modifying the district court verdict and remanding the case
`for further proceedings. On June 17, 2015, Samsung petitioned the Federal Circuit for rehearing en banc in appeal docket number 2014-1335,
`but the petition was denied on August 13, 2015. On August 19, 2015, Samsung moved the Federal Circuit for a stay of proceedings for the
`purpose of petitioning the Supreme Court of the United States for a writ of certiorari. As of the date of this filing, the Federal Circuit has not
`yet issued a decision on Samsung's motion. Accordingly, pursuant to TMEP Sec. 716.02(d), Applicant respectfully requests that this
`application remain suspended until proceedings have been fully and finally resolved.
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`/Thomas R. La Perle/
`
`Thomas R. La Perle
`
`Attorney of record, California bar member
`
`08/21/2015
`
`YES
`
`Fri Aug 21 16:52:04 EDT 2015
`
`USPTO/RSI-XXX.XXX.XXX.XXX
`-20150821165204474114-779
`21829-54031205a5e1eeabe3e
`8af571d3b094ac406bb915f4a
`277c0c76d2fe2bd88cb6574-N
`/A-N/A-201508211639392289
`58
`
`PTO Form 1822 (Rev 11/2007)
`
`OMB No. 0651-0050 (Exp. 07/31/2017)
`
`Response to Suspension Inquiry or Letter of Suspension
`
`

`

`To the Commissioner for Trademarks:
`
`Application serial no. 77921829(cid:160) (Stylized and/or with Design, see http://tmng-al.uspto.gov/resting2/api/img/77921829/large) has been amended
`as follows:
`CIVIL ACTION PROCEEDING(S)
`Civil Action No(s). 11-cv-01846-LHK is/are still pending. The applicant hereby requests that the application be re-suspended.
`Comment(s)/Remark(s):
`In response to the examining attorney's February 23, 2015 suspension inquiry, Applicant Apple Inc. respectfully requests that the application
`remain suspended. Action was initially stayed pending the resolution of Apple Inc. v. Samsung Electronics Co., Ltd., et al., Case No. 11-
`cv-01846-LHK (N.D. Cal.), which involves issues related to the protectability of the trade dress of Apple's iPad product. On March 6, 2014, the
`district court issued a final judgment in that action, from which both parties appealed to the Federal Circuit under docket numbers 2014-1335 and
`2014-1368. On May 18, 2015, the Federal Circuit issued decisions modifying the district court verdict and remanding the case for further
`proceedings. On June 17, 2015, Samsung petitioned the Federal Circuit for rehearing en banc in appeal docket number 2014-1335, but the
`petition was denied on August 13, 2015. On August 19, 2015, Samsung moved the Federal Circuit for a stay of proceedings for the purpose of
`petitioning the Supreme Court of the United States for a writ of certiorari. As of the date of this filing, the Federal Circuit has not yet issued a
`decision on Samsung's motion. Accordingly, pursuant to TMEP Sec. 716.02(d), Applicant respectfully requests that this application remain
`suspended until proceedings have been fully and finally resolved.
`
`Response Suspension Inquiry Signature
`Signature: /Thomas R. La Perle/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 08/21/2015
`Signatory's Name: Thomas R. La Perle
`Signatory's Position: Attorney of record, California bar member
`
`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which
`includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an
`associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not
`currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently
`filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to
`withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or
`Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
`
`Serial Number: 77921829
`Internet Transmission Date: Fri Aug 21 16:52:04 EDT 2015
`TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.XXX-20150821165204
`474114-77921829-54031205a5e1eeabe3e8af57
`1d3b094ac406bb915f4a277c0c76d2fe2bd88cb6
`574-N/A-N/A-20150821163939228958
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`