Dates to remember... "CONFERENCE, DISCOVERY, DISCLOSURE AND TRIAL SCHEDULE PARTIES ARE REQUIRED TO HOLD DISCOVERY CONFERENCE As noted in the schedule above, the parties are required to schedule and to participate with each other in a discovery conference by the deadline in the schedule. For guidance, see Fed. R. Civ. P. 26(f), Trademark Rule 2.120(a)(2), and TBMP § 401.01. In the conference, the parties are required to discuss (1) the nature
Time to Answer 9/21/2015 Deadline for Discovery Conference 10/21/2015 Discovery Opens 10/21/2015 Initial Disclosures Due 11/20/2015 Expert Disclosures Due 3/19/2016 Discovery Closes 4/18/2016 Plaintiff's Pretrial Disclosures 6/2/2016 Plaintiff's 30-day Trial Period Ends 7/17/2016 Defendant's Pretrial Disclosures 8/1/2016 Defendant's 30-day Trial Period Ends 9/15/2016 Plaintiff's Rebuttal Disclosures 9/30/2016 Plaintiff's 15-day Rebuttal Period Ends 10/30/2016 Cancellation No. 92062009 - 4 - of and basis for their respective claims and defenses, (2) the possibility of settling or at least narrowing the scope of claims or defenses, and (3) arrangements for disclosures, discovery and introduction of evidence at trial, if the parties are unable to settle at this time.
Discussion of amendments of otherwise prescribed procedures can include limitations on disclosures and/or discovery, willingness to stipulate to facts, and willingness to stipulate to more efficient options for introducing at trial information or materials obtained through disclosures or discovery.
The parties must hold the conference in person, by telephone, or by any means on which they agree. A Board interlocutory attorney or administrative trademark judge will participate in the conference, upon request of any party, provided that such request is made no later than ten (10) days prior to the conference deadline. See Trademark Rule 2.120(a)(2). A request for Board participation must be made either through an ESTTA filing, or by telephone call to the assigned interlocutory attorney whose name is on the TTABVUE record for this proceeding. A party should request Board participation only after the parties have agreed on possible dates and times for the conference. A conference with the participation of a Board attorney will be by telephone, and the parties shall place the call at the agreed date attorney will be by telephone, and the parties shall place the call at the agreed and time, in the absence of other arrangements made with the Board attorney." http://ttabvue.uspto.gov/ttabvue/v?pno=92062009&pty=CAN&eno=2
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