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Precedential No. 52 (2009): TTAB Rules That Objection to Discovery For Failure to Provide Initial Disclosures Must Be Made Specifically

Here is a precedential decision from November 4, 2009, that, because of its interlocutory nature, does not appear on the TTAB FOIA webpage. [Therefore it slipped under the TTABlog radar.] Opposer Amazon did not respond substantively to any of Applicant Wax's discovery requests because Wax (Amazon believed) had failed to serve initial disclosures. Amazon instead stated only that it was "exempt from responding (at this time), due to Applicant's failure to comply with the applicable rules." Not good enough, said the Board. Objections must be made with specificity. And so the Board granted Wax's motion to compel. Amazon Technologies, Inc. v. Jeffrey S. Wax, 93 USPQ2d 1702 (TTAB 2009).Amazon made a total of 35 "General Objections" to applicant's interrogatories, document requests, and requests for admission, and it posed 171 "specific" objections to each of applicant?s 171 written discovery requests, but Amazon never mentioned Wax's alleged failure to serve initial disclosures...continue to full post

Full post as published by The TTABlog on March 02, 2010 (boomark / email).