Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
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`ESTTA1276038
`
`Filing date:
`
`04/03/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91251921
`
`Party
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`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Medpace, Inc.
`
`MICHAEL A MARRERO
`ULMER & BERNE LLP
`600 VINE STREET SUITE 2800
`CINCINNATI, OH 45202
`UNITED STATES
`Primary email: mmarrero@ulmer.com
`Secondary email(s): ipdocketing@ulmer.com
`513-698-5078
`
`Testimony For Defendant
`
`Paul J. Linden
`
`mmarrero@ulmer.com, plinden@ulmer.com, jbennett@ulmer.com, aabn-
`er@ulmer.com, kadams@ulmer.com
`
`/Paul J. Linden/
`
`04/03/2023
`
`Part 1.pdf(4122629 bytes )
`Part 2.pdf(4462851 bytes )
`Part 3.pdf(5406450 bytes )
`Part 4.pdf(3415537 bytes )
`Part 5.pdf(4782342 bytes )
`Part 6.pdf(3714289 bytes )
`Part 7.pdf(1077525 bytes )
`Part 8.pdf(3188239 bytes )
`Part 9.pdf(3895251 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA1276038
`
`Filing date:
`
`04/03/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`91251921
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Medpace, Inc.
`
`MICHAEL A MARRERO
`ULMER & BERNE LLP
`600 VINE STREET SUITE 2800
`CINCINNATI, OH 45202
`UNITED STATES
`Primary email: mmarrero@ulmer.com
`Secondary email(s): ipdocketing@ulmer.com
`513-698-5078
`
`Testimony For Defendant
`
`Paul J. Linden
`
`mmarrero@ulmer.com, plinden@ulmer.com, jbennett@ulmer.com, aabn-
`er@ulmer.com, kadams@ulmer.com
`
`/Paul J. Linden/
`
`04/03/2023
`
`Part 1.pdf(4122629 bytes )
`Part 2.pdf(4462851 bytes )
`Part 3.pdf(5406450 bytes )
`Part 4.pdf(3415537 bytes )
`Part 5.pdf(4782342 bytes )
`Part 6.pdf(3714289 bytes )
`Part 7.pdf(1077525 bytes )
`Part 8.pdf(3188239 bytes )
`Part 9.pdf(3895251 bytes )
`
`
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`PUBLIC VERSION (REDACTED)
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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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`Page 1
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` * * *
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`PREMIER RESEARCH INTERNATIONAL,
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`LLC,
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` Opposer,
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` vs. OPPOSITION NO. 91251921
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`MEDPACE, INC.,
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` Applicant.
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` * * *
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` Remote deposition of SEAN RUSSELL,
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`Witness herein, called by the Applicant for
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`cross-examination pursuant to the Rules of Civil
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`Procedure, taken before me, Kathy S. Wysong, a
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`Notary Public in and for the State of Ohio, at
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`3800 Paramount Parkway, Morrisville, North
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`Carolina, on Thursday, March 30, 2023, at 9:11 a.m.
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` E X A M I N A T I O N C O N D U C T E D P A G E
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` B Y M R . L I N D E N : . . . . . . . . . . . . . . . . . . . . . . . . 5
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`A P P E A R A N C E S :
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` O n b e h a l f o f t h e O p p o s e r :
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` A l s t o n & B i r d L L P
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` B y : M a r y G r a c e G a l l a g h e r , E s q .
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` 1 2 0 1 W e s t P e a c h t r e e S t r e e t
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` S u i t e 4 9 0 0
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` m a r y g r a c e . g a l l a g h e r @ a l s t o n . c o m
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` p l i n d e n @ u l m e r . c o m
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`A L S O P R E S E N T :
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` E l l e n T e p l i t z k y , I n - h o u s e C o u n s e l
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` M a t t h e w L a u r e n , C o n c i e r g e
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` C h i n y e r e W o o d s , C o n c i e r g e
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`PUBLIC VERSION (REDACTED)
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`Page 5
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` SEAN RUSSELL
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`of lawful age, Witness herein, having been first
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`duly cautioned and sworn, as hereinafter
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`certified, was examined and said as follows:
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` CROSS-EXAMINATION
`
`BY MR. LINDEN:
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` Q. Okay. Good morning, Mr. Russell. My
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`name is Paul Linden. I'm an attorney at Ulmer &
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`Berne, Cincinnati, Ohio, and I represent Medpace,
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`Incorporated in a proceeding in front of the
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`Trademark Trial and Appeal Board, Opposition
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`91251921.
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` Do you understand that we're here
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`today to depose you with respect to Premier
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`Research versus Medpace, Incorporated in that
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`proceeding?
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` A. I do.
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` Q. Okay. And good morning. How are
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`you?
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` A. I'm good, thanks. How are you?
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` Q. Good. Mr. Russell, you just took an
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`oath, correct?
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` A. I did.
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` Q. What is your understanding of the
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`oath?
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` A. That I will tell the truth.
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` Q. Okay. And is there anything at issue
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`today or circumstances here today that would
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`Page 6
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`prevent you from doing so?
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` A. No.
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` Q. Mr. Russell, you have submitted a
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`declaration in this proceeding, correct?
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` A. I have.
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` (Exhibit 1, declaration, was marked
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`for purposes of identification.)
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`BY MR. LINDEN:
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` Q. That declaration has been entered
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`into the marked exhibit folder in Exhibit Share.
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`You have access to that declaration. Can you see
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`that declaration through Exhibit Share?
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` A. I can.
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` Q. Okay. If you wouldn't mind just
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`taking a minute to scroll through the pages of
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`that declaration and let me know when you've had a
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`chance to, at least at a high level, review it.
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` A. Yeah, it looks like the one I signed
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`off, and my signature is on the bottom of it.
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` Q. Okay. And that is -- just to
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`confirm, let's look at page nine. That is your
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`signature there on the signature line for Sean
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`Russell, correct?
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` A. It is, yes.
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` Q. And you executed this declaration on
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`January 31st, 2023, right?
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` A. That's the date that's on it. I
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`guess so.
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` Q. Before we get into any questions
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`about the declaration, are you aware of anything
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`in the declaration that you know is an error?
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` A. I'm not aware of any.
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` Q. And is there anything in this
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`declaration, before we get into any questions
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`about it, that you no longer think is true?
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` A. No, there aren't any.
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` Q. Okay. And you understood when you
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`signed the declaration that you were signing it
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`under penalty of perjury, correct?
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` A. Yes.
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` Q. And what is your understanding of
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`signing the document under penalty of perjury?
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` A. That there's legal consequences for
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`getting it wrong.
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` Q. Mr. Russell, how did you go about
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`preparing this declaration that you signed for
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`this proceeding?
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` A. Preparing the declaration? The
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`declaration was prepared by our attorneys. I
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`reviewed it.
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` Q. Okay. Did you make any changes to
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`the declaration as prepared by your attorneys?
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` A. I made some edits.
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` Q. Do you recall what edits you made?
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` A. No.
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` Q. Do you recall how many edits you
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`made?
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` A. No.
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` Q. And do you recall when you received
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`the declaration prepared by the attorneys prior to
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`signing it?
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` A. No, I don't.
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` Q. Was it a matter of days?
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` A. I don't know.
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` Q. Okay. I'd like to turn to page two
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`of your declaration, Paragraph 6, if you could.
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`Take a moment to read that, please, and let me
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`know when you're ready.
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` A. I've read Paragraph 6.
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` Q. Okay. There's a sentence
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`approximately midway through this paragraph
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`starting on the left-hand column that begins with
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`the company's booth. Do you see that?
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` A. Yeah.
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` Q. This sentence says the company's
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`booth is usually centrally located and can be
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`visited or seen by anyone walking around the
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`conference hall.
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` A. Yep.
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` Q. I read that correctly?
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` A. Yes.
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` Q. Is there anything in your declaration
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`that verifies where Premier Research's booths are
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`located in the conferences that you're referring
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`to?
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` A. Not in the declaration, but I believe
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`we gave you some exhibits which showed the
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`booth -- or some of the booths and their
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`placement.
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` Q. But nothing in your declaration that
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`would inform this statement in Paragraph 6 that we
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`just read?
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` A. In this nine pages?
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` Q. No, in your declaration in total,
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`including the exhibits.
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` A. There may be some information that
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`can be gleaned from the documentation that was
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`attached to it.
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` Q. Are you aware of any information that
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`could be used to glean support for this statement?
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` A. I'd have to go back through the
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`exhibits to see if it's in there or not or if it
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`can be determined from it.
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` Q. Without doing that, can you tell me
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`if there's any information that would support this
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`statement?
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` A. I'd have to go back through the
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`exhibits.
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` Q. Okay. Well, I know that we have the
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`exhibits here that we can look through. I'd be
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`happy to put them into the marked exhibit folder
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`so you can do so. I think that might take a few
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`minutes --
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` A. Okay.
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` Q. -- and I'm a little concerned about
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`introducing them each as an exhibit so that then
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`you can look through them. And by concern I mean
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`I think that will take a few minutes. But if
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`we're going to be referencing the exhibits, if
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`to answer questions about statements I'm going to
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`ask you about in your declaration, I think it's
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`worthwhile to do so here at the outset. We talked
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`about a concierge being introduced into the Zoom
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`meeting.
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` MR. LINDEN: Kathy, I don't know if
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`you have any update on when that's going to
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`happen, but I will endeavor to do this, bring it
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`into the marked exhibit folder so we can give
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`Mr. Russell access to these documents.
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`BY MR. LINDEN:
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` Q. Do you happen to have your
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`declaration in front of you, Mr. Russell?
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` A. I do.
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` Q. Yes?
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` A. I do.
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` Q. Including the exhibits?
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` A. Yes.
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` (Off-the-record discussion.)
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`BY MR. LINDEN:
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` Q. So, Mr. Russell, we've managed to get
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`the exhibits to your declaration at least pulled
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`into your marked exhibit folder for purposes of
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`this deposition. Each document has a file name
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`that begins with a number, and at least at this
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`point, until they're labeled, we will just refer
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`to them as Exhibit 2 because of the file names.
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`Do you see the file names and the numbers that go
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`with them?
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` A. I do.
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` Q. Okay. So this is Exhibit A through
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`K, which I believe are all the exhibits attached
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`to your declaration. You can click on each one
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`accordingly and pull it up into your viewer, and
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`then when you do so, there will be arrows on the
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`right and left side of your screen where you can
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`toggle through the documents. For instance, if
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`you pull up File Number 02, which is Exhibit A
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`Segment 001, you can use an arrow on the right
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`document which is 03, Exhibit A Segment 002.
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`There are twenty files. Some of them are
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`voluminous, as you know, but I think it's
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`worthwhile doing this to the extent that you're
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`going to tell me that there may be support for
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`your statements that isn't noted in your
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`declaration paragraphs in the exhibits but it's
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`not -- it's not cited in the declaration because I
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`do want to know if there is support for the
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`statements. I'm going to ask you this type of
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`question fairly frequently. So we might be
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`exhibits and see if you can find anything that
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`supports the statement.
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` But all that being said, I think
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`we're at least logistically set up for you to do
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`that now. I have no objection to -- if you have a
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`paper copy of your declaration there in front of
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`you to look at it on paper if that's easier for
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`you. I just want to know, quite frankly, the
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`answer to my question.
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` So all that being said, I think I'll
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`strike whatever question was pending and reboot
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`the question so that we can have a fresh record
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`now that we have the exhibits introduced. So
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`Mr. Russell, the sentence that we were referring
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`to, Paragraph 6, the company's booth is usually
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`centrally located and can be visited or seen by
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`anyone walking around the conference hall, you are
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`familiar with that statement in your declaration,
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`correct?
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` A. Yes, I am.
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` Q. Is there anything in your
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`declaration, including the exhibits, that
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`indicates where Premier Research's booths are
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`located in exhibit halls for trade shows and
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`conferences?
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` A. Okay. I'll need to go through and
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`find them. So just so you're aware, I'm still
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`waiting for the document to download. Okay, it's
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`just coming now. And now I'm waiting for the
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`second page. That's up.
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` Okay, Mr. Linden, I can answer your
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`question. There are numerous incidents in those
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`attachments of evidence to support the statement
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`in 6 that the booth was centrally located --
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` Q. Okay.
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` A. -- and could be seen by anyone
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`walking around the conference hall.
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` Q. Okay. Let's start with the first
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`instance you've seen.
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` A. Go to Exhibit F.
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` Q. Actually, now that I think about it,
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`let me strike that question because we're going to
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`have to introduce these documents and get them
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`labeled as exhibits, so strike the last question
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`about go to the first instance you've seen and
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`we'll just walk through them to make sure they're
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`of record.
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` So in answering that last question,
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`Mr. Russell, did you have the opportunity to look
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`declaration?
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` A. I did.
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` Q. And are they labeled Exhibits A
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`through K?
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` A. They are.
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` Q. And did you look at them using
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`Exhibit Share?
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` A. I did.
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` Q. Okay. Terrific.
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` (Exhibit 2, PREMIER000441-446, was
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`marked for purposes of identification.)
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`BY MR. LINDEN:
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` Q. Let's go to the document that's
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`labeled 02.
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` A. You mean Exhibit A Segment 02?
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` Q. Yeah. So the file -- let me refer to
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`it as the file name. I'm having a hard time --
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`I'm having a hard time viewing the documents.
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` MS. GALLAGHER: Yeah, I'm not able to
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`view that one. It says I need to download it.
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` THE WITNESS: Mine is starting at 03.
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` MR. LINDEN: Matthew, are you able to
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`pull it up for us to view?
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` THE CONCIERGE: So I don't know if
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`you guys want this on the record or not.
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` MR. LINDEN: That's fine.
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` THE CONCIERGE: So as you guys are
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`going through right now, I am introducing the
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`exhibits and adding the stamps. So if you look
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`all the way at the bottom, I've done Exhibits 1
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`through 6 as of now. They're just labeled --
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`they're, like, properly introduced now so it's
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`going to be Exhibit -- they're still Exhibit 1
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`through 6 in order, it's just not how you had it
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`labeled before but they have the stamps on it as
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`of now.
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` MR. LINDEN: Okay. So --
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` THE CONCIERGE: Well, Exhibits 1
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`through 6 do. I'm still working on it.
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` THE WITNESS: I can see Exhibit 2
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`now.
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` THE CONCIERGE: You're just going to
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`have to refresh, everybody. So just reclick on
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`the marked exhibit folder and you'll be able to
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`see it at the bottom and then once I'm done, it
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`will be back in order.
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`BY MR. LINDEN:
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` Q. So then pulling up what's been marked
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`now as Exhibit 2, Mr. Russell, do you know what
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`that document is?
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` A. It hasn't loaded yet. Okay. It's up
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`now.
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` Q. Okay. So looking at the document
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`that's been labeled as Exhibit 2 for purposes of
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`this deposition, are you familiar with that
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`document?
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` A. The content looks familiar.
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` Q. Are you familiar with it as an
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`exhibit -- at least part of Exhibit A to your
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`declaration that you submitted in this matter?
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` A. Yeah, this does look familiar.
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`Originally looking at it, it's just familiar. I
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`don't remember where I've seen it.
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` Q. Okay. Did you, prior to signing your
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`deposition, review the exhibits that were attached
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`to it?
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` A. I did.
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` Q. Okay. So just looking at it on
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`screen, you see the cover page says Exhibit A,
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`Part 1, correct?
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` A. Yeah.
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` Q. So this is Exhibit A, Part 1 to your
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`declaration that you submitted in the opposition
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`proceeding that we're here to depose you about?
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` A. It is.
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` (Exhibit 3, PREMIER000447-452, was
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`marked for purposes of identification.)
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`BY MR. LINDEN:
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` Q. Okay. I think if you use the arrows
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`on the right-hand side of your screen, you should
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`be able to toggle to the next one, which will be
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`Exhibit 3. Are you able to do that?
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` A. I'm waiting for it to load. It came
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`up as Exhibit A, Part 2.
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` Q. Okay. And it's in the lower
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`right-hand corner, the first page at least,
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`labeled Exhibit 0003. Do you see that?
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` A. Yep.
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` Q. Do you recognize this document?
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` A. Yeah.
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` Q. And did you review this document
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`prior to signing your declaration?
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` A. Yeah.
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` Q. And is this document part of -- at
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`least the second part of Exhibit A to your
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`declaration?
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` A. Yeah, it's numbered as such.
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` Q. Okay. Let's go to the next one.
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` (Exhibit 4, PREMIER000447-452, was
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`marked for purposes of identification.)
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`BY MR. LINDEN:
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` Q. Toggle to the right so you can see
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`what's been labeled as Exhibit 4 in the lower
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`right-hand corner. Do you see that?
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` A. Still waiting for it to load.
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` Q. Okay.
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` A. Yep, Exhibit 4.
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` Q. Okay. And do you recognize this
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`document as --
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` A. As -- is there a question,
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`Mr. Linden?
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` Q. No. No, I'm trying to figure this
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`out. So it looks like it's the same document as
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`Exhibit 3, unless I'm mistaken.
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` MS. GALLAGHER: That's what I can see
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`as well.
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` MR. LINDEN: Yeah. Okay. I think
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`that one has been marked twice, Matthew, but I
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`think we'll just go with it at this point since
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`you're probably well into the teens on marking
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`exhibits.
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`BY MR. LINDEN:
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` Q. Exhibit 4, I'll just put this on the
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`record, looks like also Exhibit A, Part 2 which
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`has also been marked Exhibit 3. It's labeled the
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`same file name, which you can see at the top of
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`the screen.
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` (Exhibit 5, PREMIER000453-460, was
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`marked for purposes of identification.)
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`BY MR. LINDEN:
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` Q. So let's move to what's been marked
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`as Exhibit 5, Mr. Russell. Okay. Document marked
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`as Exhibit 5, hopefully you can access that, let
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`me know when it's loaded.
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` A. Yeah, it's loaded.
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` Q. Okay. And do you recognize this
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`document as Exhibit A, Part 3 to your declaration?
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` A. Yeah.
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` Q. And did you review this document
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`prior to signing your declaration?
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` A. Yes.
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` (Exhibit 6, PREMIER000461-465, was
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`marked for purposes of identification.)
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`BY MR. LINDEN:
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` Q. Okay. Let's go to the next document,
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`Exhibit 6. Tell me when it's loaded, please.
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` A. I've got it. Exhibit A, Part 4,
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`Exhibit 6.
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` Q. Okay. Do you recognize this document
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`as Part 4 of Exhibit A to your declaration?
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` A. I do.
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` Q. And did you review this document
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`prior to signing your declaration?
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` A. I did.
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` (Exhibit 7, PREMIER000466-476, was
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`marked for purposes of identification.)
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`BY MR. LINDEN:
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` Q. Okay. Are you able to toggle now
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`over to a document marked Exhibit 7? Are you able
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`to do that, and if so, please tell me when it's
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`loaded?
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` A. I toggled to 5 and it did nothing.
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` MS. GALLAGHER: Sean, you might have
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`to refresh the full case file site. That's what I
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`had to do to get it to load.
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` THE WITNESS: Oh, he must have moved
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`those since I started looking at them. So I'm
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`going to Exhibit 7?
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`BY MR. LINDEN:
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` Q. Correct.
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` A. 007-06?
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` Q. Correct.
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` A. Okay, I've got it open. It says
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`Exhibit A, Part 5, and Exhibit 0007.
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` Q. Do you recognize this as Part 5 to
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`Exhibit A of your declaration?
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` A. Yeah, it's our material.
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` Q. Okay. Did you review this document
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`prior to signing your declaration?
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` A. Yes.
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` Q. Okay.
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` (Exhibit 8, PREMIER000477-483, was
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`marked for purposes of identification.)
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`BY MR. LINDEN:
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` Q. The next one, Exhibit 8, please let
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`me know when it's loaded for you.
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` A. Okay, it's up. It's Exhibit A, Part
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`6, 08.
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` Q. And do you recognize it as Part 6 to
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`Exhibit A of your declaration?
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` A. Yes.
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` Q. And did you review this before
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`signing your declaration?
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` A. I did.
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` (Exhibit 9, PREMIER000484-489, was
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`marked for purposes of identification.)
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`BY MR. LINDEN:
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` Q. Go to Exhibit 9. Please let me know
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`when it's loaded for you.
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` A. Okay, it's up. Exhibit A, Part 7,
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`009.
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` Q. Okay. It says Exhibit A, Part 7, as
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`you said. Do you recognize this as Part 7 to
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`Exhibit A of your declaration?
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` A. Yes.
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` Q. And did you review Part 7 of Exhibit
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`A to your declaration before signing your
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`declaration?
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` A. I did.
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` (Exhibit 10, PREMIER000490-496, was
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`marked for purposes of identification.)
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`BY MR. LINDEN:
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` Q. Keep going. The next one is Exhibit
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`10.
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` A. Yeah, it's up.
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` Q. It says on the first page Exhibit A,
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`Part 8. Do you recognize this document?
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` A. Yes, I do.
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` Q. Is it Part 8 to Exhibit A of your
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`declaration?
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` A. It is.
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` Q. And did you review this document
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`prior to signing your declaration?
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` A. I did.
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` Q. All right. Before we move on to the
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`next one, I want to draw your attention back to
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`your declaration, which is Exhibit 1. And in
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`particular I'd like to ask you about Paragraph 8,
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`so if you could perhaps read Paragraph 8 and let
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`me know when you've had a chance to do that.
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` A. This is from the affidavit?
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` Q. Correct. So if you go back to
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`Exhibit 1 for this deposition, it's your
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`declaration that you signed. I'm going to ask you
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`about Paragraph 8 which begins on the bottom of
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`page two and carries over to page three.
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` A. Got it. Yeah, I've read it.
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` Q. Okay. The last sentence of Paragraph
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`8 says Exhibit A is a true and correct copy of the
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`website at premier-research.com, correct?
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` A. It's not a true and correct copy of
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`the website. It's got elements of the website.
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` Q. Okay. What do you mean by that,
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`Mr. Russell?
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` A. Well, the website is enormous. If I
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`were to print out every page that's on the
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`website, it would be the size of a document that
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`we wouldn't be looking at on the screen here.
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` Q. Okay. So we just marched through
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`several parts to Exhibit A to your declaration.
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`Your declaration says it's a true and correct copy
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`of the website at Premier Research. Did you
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`recognize the documents of Exhibit A to be copies
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`of portions of your website at
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`premier-research.com?
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` A. Yeah, those are pages that were used
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`on the website. I don't know for sure if they're
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`still up.
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` Q. Okay. And I'm going to ask you to go
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`back to Exhibit 2, which should be Part 1 of
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`Exhibit A. I'm currently trying to do so and
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`waiting for it to load. You might have to wait a
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`little bit too.
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` A. So give me the number to go back to
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`again.
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` Q. Exhibit 2, 002.
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` A. Yeah, I'm there.
`
` Q. It's loaded for you then?
`
` A. Yes.
`
` Q. Okay. So let me scroll down to page
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`two of that document, not the cover page but the
`
`first document with any sort of images and text on
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`it.
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` A. Yeah.
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` Q. So according to your declaration,
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`www.veritext.com
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`888-391-3376
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`Veritext Legal Solutions
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`PUBLIC VERSION (REDACTED)
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`Page 26
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`this document is pulled from your website,
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`correct?
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` A. Yeah.
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` Q. And if you look in the top right-hand
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`corner, you should see text that begins
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`screenshot-premier-research.com. Do you see that?
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` A. The top right-hand corner. I'm
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`seeing nimbus screenshot app print.
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` Q. Right. And just below that to the
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`right there's a right justified paragraph of text
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`that begins screenshot-premier-research.com.
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` A. I don't see that. Under nimbus
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`screenshot app print, I've got a blue box with
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`read more in it. Am I on the wrong page?
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` Q. No, I think you're on the right page.
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`It's very small text.
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` MR. LINDEN: I don't know, Matthew,
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`can you zoom in on that so we can --
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` THE WITNESS: So let me make sure I'm
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`on the right page. I've got a title page and then
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`the next page says -- I've got biometrics screen
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`panel on a visual panel. Is that the one?
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`BY MR. LINDEN:
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` Q. That is the one.
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` A. I've gone down to the second page.
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`PUBLIC VERSION (REDACTED)
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`Page 27
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`All right. So, yes, I do see
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`screenshot-premier-research.com-2021-05.06.
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` Q. Okay. So does that indicate to you
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`what date this information was pulled from the
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`website?
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` A. It looks like it was pulled from the
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`website on 2021, May 6th I guess; but I don't know
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`who pulled that and what format they were using.
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` Q. Okay. And if you could then,
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`Mr. Russell, scroll down to page four of the pdf.
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` A. Page four.
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` Q. It is --
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` A. What does it look like?
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` Q. I'll give you a document number. So
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`if you remember from our deposition for discovery
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`in this matter, all these pages are, I believe,
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`should be anyway, marked in the lower right-hand
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`corner with a particular number. If you scroll to
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`the bottom of any page, you should see a number
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`that begins Premier and then a series of six or
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`seven digits. For instance, the document -- the
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`page that I want you to refer to has PREMIER000444
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`on it in the lower right-hand corner.
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` A. Okay. I'm there.
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` Q. So that document at the top has a
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`blue box that says biostatistics. Do you see
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`Page 28
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`that?
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` A. Yes.
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` Q. Okay. And again I'm going to ask you
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`about t
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