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Precedential No. 10: Irked TTAB Sanctions Counsel for Filing Untenable Motion to Dismiss

Okay, readers, here's the question: an opposition is filed against two applications belonging to your client. While the opposition is pending, the PTO inadvertently issues a registration on one of the applications. What do you do? Would you file a motion for partial dismissal of the opposition as to the application that inadvertently issued to registration? The Attorney for Aqua Gen AS filed such a motion, and the Board was not pleased. Schering-Plough Animal Health Corporation v. Aqua Gen AS, Opposition No. 91176641 (March 17, 2009) [precedential].The Board pointed out that the inadvertent issuance of the registration "cannot, under any reasonable view, provide applicant with a ground for seeking dismissal. In such situations, the proper action by a party is to inform the Board promptly, by phone or in writing, of the inadvertent issuance of the registration so that the Board may request the appropriate action by the Director without requesting dismissal of the case...continue to full post

Full post as published by The TTABlog on March 30, 2009 (boomark / email).