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Appellee Removes CAFC Appeal to Federal District Court Under 15 USC 1071

A party who is dissatisfied with a decision of the TTAB may, of course, appeal to the U.S. Court of Appeals for the Federal Circuit pursuant to 15 USC Sec. 1071(a). That party thereby waives its right to seek review by way of civil action in a federal district court under 1071(b). But the appellee has the right, within 20 days of the notice of appeal, to invoke 1071(b) by giving notice to the USPTO that it wishes to have all further proceedings conducted in a district court. The appellant then has thirty days to commence a civil action. Why, you might ask, would an appellee (who won at the TTAB level) remove the appeal from the CAFC?That's what happened in Snowizard's appeal from the Board's decision in Southern Snow Manufacturing, Inc. v. Snowizard Holdings, Inc...continue to full post

Full post as published by The TTABlog on March 10, 2010 (boomark / email).