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Precedential No. 51: TTAB Denies Sanctions But Orders Parties to Hold Discovery Conference with Board Participation

One of the cornerstones of the TTAB's 2007 rule changes is the requirement of Rule 2.120 that the parties hold a discovery conference at the outset of each inter partes proceeding. The Board takes that requirement very seriously, as demonstrated in its ruling in Promgirl, Inc. v. JPC CO., LTD., Opposition No. 91190017 (December 24, 2009) [precedential].Opposer Promgirl, Inc. filed a motion for sanctions or, alternatively, for an order compelling Applicant JPC to participate in a Rule 2.120 discovery conference. The parties had exchanged some e-mails regarding settlement, but Applicant refused to cooperate when Opposer sought to hold the required discovery conference.The Board made the obvious observation that, even though the parties discussed settlement, they did not address all the issues outlined in FRCP 26 and in the Board's institution order:As the institution order makes clear, the parties are required to discuss their plans relating to disclosures, discovery, and trial evidence unless they are successful in settling the case...continue to full post

Full post as published by The TTABlog on January 05, 2010 (boomark / email).