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TTAB Denies Petitioner's Motion to Re-open Discovery Because of Failure to Prove Excusable Neglect

In a nonprecedential interlocutory decision recently reported in the USPQ, the Board denied Petitioner's motion to re-open discovery (which was filed on the last day of its testimony period) but re-set testimony dates to allow Petitioner time to submit its case in chief. The Board ruled that Petitioner, who asserted that the parties had agreed to suspend proceedings for the purposes of settlement, failed to establish excusable neglect for its failure to act. Jodi Kristopher, Inc. v. International Seaway Trading Corp., 88 USPQ2d 1798 (TTAB 2008) [not precedential].Respondent's INTRIGUE brand footwearUnder Pumpkin Ltd. v. The Seeds Corp., 43 USPQ2d 1582 (TTAB 1997), the standard to be applied to Petitioner's motion is "whether petitioner has demonstrated excusable neglect for its failure to act...continue to full post

Full post as published by The TTABlog on December 09, 2008 (boomark / email).