`ESTTA707493
`ESTTA Tracking number:
`11/09/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`86315136
`Quest Diagnostics Investments Incorporated
`BRCA SHARE
`DAVID J DAVIS
`BAKER & MCKENZIE LLP
`300 E RANDOLPH ST, SUITE 5000
`CHICAGO, IL 60601-6342
`UNITED STATES
`chiusptomail@bakermckenzie.com, david.davis@bakermckenzie.com
`Applicant's Request to Extend
`TTAB BRCA SHARE MOTION FOR EXTENSION.pdf(17192 bytes )
`Shima S. Roy
`chiusptomail@bakermckenzie.com, david.davis@bakermckenzie.com, shi-
`ma.roy@bakermckenzie.com
`/Shima S. Roy/
`11/09/2015
`
`Proceeding
`Applicant
`Applied for Mark
`Correspondence
`Address
`
`Submission
`Attachments
`Filer's Name
`Filer's e-mail
`
`Signature
`Date
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In re: Quest Diagnostics Investments Incorporated
`
`Serial No. 86315136
`
`
`
`PETITIONER'S MOTION FOR 60 DAY EXTENSION TO FILE AN APPEAL BRIEF
`
`Petitioner, Quest Diagnostics Investments Incorporated ("Quest") and for its motion for a
`
`sixty (60) day extension of the appeal brief, states as follows:
`
`1.
`
`On August 26, 2015, Quest received a Final Office Action from the Examiner
`
`denying Quest's Request for Reconsideration, but giving Quest six months to submit a response
`
`on the issue of acquired distinctiveness.
`
`2.
`
`Subsequently, on September 16, 2015, the Trademark Trial and Appeal Board
`
`("TTAB") issued a letter stating that the Patent Examiner's six month time period to respond to
`
`the issue of acquired distinctiveness was "inadvertent" and did not apply. TTABVue at #6, pp. 5-
`
`7.
`
`3.
`
`Counsel for Quest requests a 60 day extension to file its appeal brief, and pursuant
`
`to Fed. R. Civ. P. 6(b) and TBMP Section 509 offers the following good cause in support of its
`
`request.
`
`4.
`
`Counsel for Quest is also trial counsel in a patent infringement litigation pending
`
`in the Western District of Pennsylvania, Wonderland Nurserygoods Co. Ltd. v. Thorley
`
`Industries LLC, Case No. 2:13-cv-000387 (the "Wonderland litigation"). On October 5, 2015,
`
`the Court in the Wonderland litigation set an expedited trial date of November 16, 2015 with
`
`pretrial filings, including pretrial motions and jury instructions due on November 5, 2015. (ECF
`
`Docket #143).
`
`5.
`
`Since early October, counsel for Quest has been preparing for trial including
`
`
`
`overseas travel to prepare her client. On November 6, 2015 the Court in the Wonderland
`
`litigation deferred the trial date to a date uncertain. (ECF Docket #217). However, the Court
`
`also ordered additional discovery and scheduling that likely necessitates substantial overseas
`
`travel for counsel for Quest in the next fourteen (14) days, which overlaps with the deadline for
`
`filing the appeal brief.
`
`6.
`
`This is an uncontested matter.
`
`Wherefore, for all the above-stated reasons, Petitioner, Quest Diagnostics Incorporated,
`
`for good cause shown, respectfully requests that the Board grant its motion for a 60 day
`
`extension of the time to file its appeal brief in this uncontested matter.
`
`
`
`
`
`/Shima S. Roy/
`Shima S. Roy
`One of the Attorneys for
`Petitioner, Quest Diagnostics
`Incorporated
`
`
`
`
`
`Date: November 9, 2015
`
`BAKER & McKENZIE LLP
`David J. Davis
`Shima S. Roy
`300 East Randolph Street, Suite 5000
`Chicago, Illinois 60601
`Tel: (312) 861-8000
`Fax: (312) 698-2937
`David.davis@bakermckenzie.com
`Shima.roy@bakermckenzie.com
`
`
`
`
`2
`
`
`
`
`
`
`
`PROOF OF SERVICE AND FILING
`
`The undersigned certifies that Petitioner’s Motion for a 60 Day Extension of
`Testimony and Trial Schedule was filed with the Trademark Trial and Appeal Board’s online
`ESTTA filing system.
`
`
`
`Dated: November 9, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Shima Roy/
`
`Shima S. Roy
`
`
`
`
`
`
`
`
`
`
`
`3
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
