Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA437574
`ESTTA Tracking number:
`10/25/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91184464
`Plaintiff
`Medimmune, Inc.
`CONSTANCE GOLDEN
`ABELMAN FRAYNE & SCHWAB
`666 THIRD AVENUE
`NEW YORK, NY 10017
`UNITED STATES
`cgolden@lawabel.com, Rdahl@lawabel.com
`Stipulated/Consent Motion to Extend
`Constance Golden
`cgolden@lawabel.com
`/Constance Golden/
`10/25/2011
`20111025105032206.pdf ( 3 pages )(103092 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In Re Application No. 79/043095 Published March 18, 2008
`In Re Application No. 79/039076 Published February 5, 2008
`
`
`
`Opposition No. 91 184464
`Opposition No. 91 184465
`
`CONSOLIDATED
`
` Meclimmune, Inc.
`
`Opposer
`
`V
`
`
`
`Sygnis Pharma AG
`
`Applicant
`
`
`
`
`CONSENTED RE UEST FOR SUSPENSION
`
`Pursuant to 37 CFR §2.l17(c) of the Trademark Rules of Practice and §5l0.03(a)
`
`of the Trademark Trial and Appeal Board Manual of Procedure, Applicant, with the
`
`consent of the Opposer, requests a further 90 day suspension of the proceeding to allow
`
`the parties to finalize their settlement efforts.
`
`The parties have been working diligently towards finalizing settlement and
`
`resolving the pending Oppositions. The parties respectfully inform the Board that they
`
`have been actively engaged in settlement discussions for quite some time and have
`
`agreed on August 18, 2011 to a proposed settlement in principle of the issues between the
`
`parties. The agreed to issues include:
`
`1.
`
`2.
`
`SYGNIS only used for a company name and not a product name (except as
`
`the corporate name might incidentally appear on packaging, etc.)
`
`Consistently use SYGNIS in combination with “Pharma AG” (at least in the
`
`first and most prominent use; preference to have the wording added to the
`
`logo if possible).
`
`

`
`3.
`
`4.
`
`A field of use restriction consistent with an agreement with Abbott
`
`Laboratories.
`
`Withdraw (and do not re-file) the U.S. trademark application for SYGNIS.
`
`In order to finalize the terms of a Settlement Agreement and to preserve their
`
`rights to proceed in this matter, the parties request a further extension of the suspension
`
`period while the terms of their Written settlement agreement are finalized. The parties
`
`remain hopeful that a final settlement will be reached Within the next ninety days.
`
`It is requested that the Board grant this request and approve the scheduling order
`
`set forth below:
`
`Expert Disclosures Due:
`
`Discovery Closes:
`
`January 27, 2012
`
`February 26, 2012
`
`Plaintiff’ s Pretrial Disclosures:
`
`April 11, 2012
`
`Plaintiffs 30-day Trial Period Ends:
`
`May 26, 2012
`
`Defendant’s Pretrial Disclosures:
`
`June 10, 2012
`
`Defendant’s 30-day Trial period Ends:
`
`July 25, 2012
`
`Plaintiffs Rebuttal Disclosures:
`
`August 9, 2012
`
`Plaintiffs 15-day Rebuttal Period Ends:
`
`September 8, 2012
`
`On October 24, 2011 counsel for both parties consented and agreed via telephone
`
`and email to this motion and further suspension of this proceeding.
`
`Wherefore, it is requested that this suspension be granted.
`
`Respectfully submitted,
`
`CONSTANCE G LDEN
`
`ABELMAN FRAYNE & SCHWAB
`
`666 Third Avenue
`
`New York, NY 10017
`212-949-9022
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true copy of the foregoing was served by first class mail,
`
`postage prepaid this 25"‘ day of October, 2011 on the following:
`
`Catherine J. Holland, Esq.
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, California 92615
`
`£
`
`CONSTANCE GOLDEN

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