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Will the TTAB Follow the 4th Circuit's Rosenruist Ruling?

In a controversial decision issued in December 2007, the U.S. Court of Appeals for the Fourth Circuit in Rosenruist-Gestao E Servicos LDA v. Virgin Enterprises Ltd., 85 USPQ2d 1385 (4th Cir. 2007), cert. denied, ___ U.S. ___ (May 27, 2008), ruled that a foreign corporation must obey a subpoena issued by the U.S. District Court for the Eastern District of Virginia, pursuant to a Rule 30(b)(6) notice in a TTAB proceeding, and must appear in Virginia to give trial testimony. [TTABlogged here]. At the time, we wondered whether the TTAB would follow Rosenruist. A recent ruling (here) on a Motion to Quash a discovery deposition suggests that the answer is no. Oxford Tutoring Inc. v. Oxford Learning Centres,Inc., Cancellation No. 92048444.On March 22, 2010, Interlocutory Attorney Robert H...continue to full post

Full post as published by The TTABlog on March 25, 2010 (boomark / email).