Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA265956
`ESTTA Tracking number:
`02/11/2009
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91184464
`Defendant
`SYGNIS Pharma AG
`Catherine J. Holland
`Knobbe, Martens, Olson & Bear LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`UNITED STATES
`efiling@kmob.com
`Motion to Consolidate
`Catherine J. Holland
`efiling@kmob.com
`/Catherine J. Holland/
`02/11/2009
`MOT TO CONSOLIDATE.pdf ( 3 pages )(91364 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`IBHWH1.001ZUS/IBHWH1 .002ZUS
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`V
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`TTAB
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Medlmmune, Inc.,
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`Opposer,
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`V_
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`SYGNIS Pharma AG,
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`Opposition No. 91 184464
`Opposition No. 91 184465
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`this correspondence and all marked
`I hereby certify that
`attachments are being electronically filed with the Trademark
`Trial and Appeal Board through their web site located at
`httpz//estta.uspto.gov on
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`i
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`li
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`El
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`Applicant.
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`Catherine J. Holland
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`APPLICANT’S CONSENTED MOTION TO CONSOLIDATE
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`OPPOSITION NOS. 91184464 AND 91184465
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`Pursuant to Trademark Trial and Appeal Board Manual of Procedure (“TBMP”) §511
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`and Federal Rules of Civil Procedure (“FRCP”) 42(a), Applicant SYGNIS Pharma AG
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`(“SYGNIS” or “Applicant”) moves the Trademark Trial and Appeal Board (the “Board”) for an
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`order consolidating Opposition No. 91184464 and Opposition No. 91184465.
`These Opposition proceedings involve common questions of law and fact, similar marks,
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`and the same parties. On June 4, 2008, Opposer, Medlmmune, Inc., filed Notices of Opposition
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`against Applicant’s Application Serial Nos. 79/039,076 for the mark SYGNIS and 79/043,095
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`for the mark SYGNIS and Design. As grounds for both oppositions, Opposer alleged a
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`likelihood of confusion with Opposer’s U.S. Registration No. 2,248,349 for the mark SYNAGIS.
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`These Oppositions were assigned Opposition Nos. 91184465 and 91184464.
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`To avoid duplicative litigation and promote judicial economy while preserving the
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`interest of the parties in the Opposition proceedings, the above Opposition proceedings should be
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`' consolidated and treated as one proceedingl.
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`Counsel for Opposer consented to Applicant’s Motion to Consolidate in a telephone
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`conversation on February, 10, 2009.
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`Accordingly, Applicant moves that the Opposition proceedings be consolidated under
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`TBMP 511 and FRCP 42(a) and that the Board issue an order setting new dates for discovery
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`and trial.
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`Respectfiilly submitted,
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`KNOBBE,
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`ENS, OLSON & BEAR, LLP
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`Catherine J. Holland
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`Jeffrey H. Larson
`2040 Main Street
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`Fourteenth Floor
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`Irvine, CA 92614
`(949) 760-0404
`Attorneys for Applicant,
`SYGNIS Pharma AG
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`1 Avoiding duplication of effort concerning the common issues in the case is sufficient basis for
`consolidation. See S. Industries Inc. v. Lamb-Weston Inc. 45 U.S.P.Q. 2d 1203,1297 (T.T.A.B.) 1997
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`CERTIFICATE OF SERVICE
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`I hereby certify that I served a copy of the foregoing APPLICANT’S CONSENTED
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`MOTION TO CONSOLIDATE OPPOSITION NOS. 91184464 AND 91184465 upon
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`Opposer’s counsel by agreement via e-mail on February 11, 2009.
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`Constance Golden
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`Abelman Frayne & Schwab
`666 Third Avenue
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`New York, NY 10017
`cgoIden@1awabel.com
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`oira Timney
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`6618524
`021009
