Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA655699
`ESTTA Tracking number:
`02/12/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92057944
`Plaintiff
`StonCor Group, Inc.
`CHARLES N QUINN
`EAGLEVIWEW CORPORATE CENTER
`747 CONSTITUTION DRIVE, SUITE 100
`EXTON, PA 19341
`UNITED STATES
`cquinn@foxrothschild.com, dmcgregor@foxrothschild.com,
`cesch@foxrothschild.com, dwilliams@foxrothschild.com, ipdock-
`et@foxrothschild.com
`Motion to Extend
`CHARLES N. QUINN
`cquinn@frof.com, dmcgregor@frof.com, cesch@frof.com, mscott@frof.com
`/Charles N. Quinn/
`02/12/2015
`28997751_1_Motion for Two Month Extension.PDF(194572 bytes )
`28997766_1_Declaration of CNQ.PDF(174543 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`ESTTA655699
`ESTTA Tracking number:
`02/12/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92057944
`Plaintiff
`StonCor Group, Inc.
`CHARLES N QUINN
`EAGLEVIWEW CORPORATE CENTER
`747 CONSTITUTION DRIVE, SUITE 100
`EXTON, PA 19341
`UNITED STATES
`cquinn@foxrothschild.com, dmcgregor@foxrothschild.com,
`cesch@foxrothschild.com, dwilliams@foxrothschild.com, ipdock-
`et@foxrothschild.com
`Motion to Extend
`CHARLES N. QUINN
`cquinn@frof.com, dmcgregor@frof.com, cesch@frof.com, mscott@frof.com
`/Charles N. Quinn/
`02/12/2015
`28997751_1_Motion for Two Month Extension.PDF(194572 bytes )
`28997766_1_Declaration of CNQ.PDF(174543 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`STONCOR GROUP, INC.,
`
`Petitioner
`
`Proceeding 92057944
`
`ST 0 AG,
`
`Registrant
`
`MOTION BY PETITIONER STONCOR GROUP, INC. FOR TWO MONTH
`EXTENSION OF DISCOVERY AND CONSEQUENT RESETTING OF DATES
`
`Petitioner StonCor Group, Inc. hereby moves for a two month extension of discovery and
`
`consequent resetting of all dates in this matter.
`
`Discovery in this case is currently scheduled to close on 1 March 2015.
`
`As a by-product of representing StonCor Group, Inc. as the defendant in on-going patent
`
`infringement litigation over the past thirteen (13) months in the United States District Court for
`
`the District of New Jersey (the case is captioned Ronald Mark Associates v. StorzCor Group, Inc.,
`
`cv 13-7446), StonCor’s undersigned counsel has been unable to devote adequate time to the
`
`instant cancellation proceeding as respecting discovery and settlement possibilities.
`
`The attached declaration by StonCor’s counsel presents in detail some, but not all, of the
`
`activity in the Ronald Mark v. StonCor matter that has caused StonCor’s undersigned counsel to
`
`need additional time to develop StonCor’s case, to answer discovery that has been propounded
`
`by Sto AG on StonCor, and to explore in depth the very real and desirable possibility of
`
`settlement between these parties.
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`28980630v1 02/12/2015 4:31 PM
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`1
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`00043240101/pleadings
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`
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`Accordingly StonCor moves for a two month extension of discovery and consequent
`
`resetting of dates.
`
`If the instant Motion is granted, the new schedule for proceeding would be as follows:
`
`Discovery Closes:
`
`Plaintiff s Pretrial Disclosures:
`
`Plaintiffs 30-day Trial Period Ends:
`
`Defendant/Counterclaim Plaintiffs
`Pretrial Disclosures:
`
`30-day Trial Period for Defendant and
`Plaintiff in the Counterclaim:
`
`Counterclaim Defendant’s and Plaintiff
`Rebuttal Disclosures Due:
`
`30-day Trial Period for Counterclaim Defendant
`and Rebuttal Testimony as Plaintiff ends:
`
`Counterclaim Plaintiff’ s Rebuttal Disclosures Due:
`
`05/01/2015
`
`06/15/2015
`
`07/30/2015
`
`08/14/2015
`
`09/29/2015
`
`10/13/2015
`
`11/27/2015
`
`12/12/2015
`
`15-day Rebuttal Period for Counterclaim Plaintiff Ends:
`
`01/11/2016
`
`Plaintiff’ s Trial Brief Due:
`
`Defendant°s Trial Brief and Plaintiff in the Counterclairn
`Due:
`
`Brief for Defendant in the Counterclaim and Reply Brief,
`if any, for Plaintiff Due:
`
`03/10/2016
`
`04/09/2016
`
`05/10/2016
`
`Reply Brief, if any, for Plaintiff in the Counterclaim Due:
`
`05/25/2016
`
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`00043240101/pleadings
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`
`
`StonCor respectfully requests notification of the grant of this Motion so that either a
`
`suitable settlement agreement can be written and exchanged between the parties for approval, or
`
`the proceeding can go forward.
`
`Respectfully submitted,
`
`STONCOR GROUP, INC.
`
`
`
`I] p
`£3
`.:
`/Charles N. Q_u_inn/
`Charles N. Quinn
`747 Constitution Drive, Suite lO0
`
`Exton, PA 19341
`Tel: 610-458-4984
`
`cquinn@foXrothschild.com
`Attorneys for Petitioner
`
`By:
`
`Dated:
`
`12 February 2015
`
`28980630vl 02/12/2015 4:31 PM
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`3
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`00043240101/pleadings
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`
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`___:__%
`
`STONCOR GROUP, INC.,
`
`Petitioner
`
`Proceeding 92057944
`
`STO AG,
`
`Registrant
`
`CERTIFICATE OF SERVICE
`
`1, Charles N. Quinn, Esquire, hereby certify that, pursuant to the parties’ agreement for
`
`electronic service, a true and correct copy of the foregoing Motion by Petitioner StonCor Group,
`
`Inc. for Two Month Extension of Discovery and Consequent Resetting of Dates was served on
`
`Applicant via First Class Mail, postage pre-paid, on 12 February 2015 at the addresses below:
`
`Jeffrey B. Sladkus, Esquire
`The Sladkus Law Group
`1827 Powers Ferry Road
`Building 6, Suite 200
`Atlanta, GA 30339
`
`
`
`Charles N. Quinn
`
`28980630vl 02/12/2015 4:31 PM
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`00043240101/pleadings
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`
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`
`STONCOR GROUP, INC.,
`
`Petitioner
`
`Proceeding 92057944
`
`STO AG,
`
`Registrant
`
`DECLARATION OF CHARLES N. QUINN
`
`l.
`
`1, Charles N. Quinn, hereby declare that I am a citizen of the United States,
`
`residing at 419 Bowen Drive, Exton, Pennsylvania, 19341, a partner in the law firm of Fox
`
`Rothschild LLP having my principal office at 747 Constitution Drive, Suite l00, Exton,
`
`Pennsylvania, 19341, a member in good standing of the Bar of the Supreme Court of the
`
`Commonwealth of Pennsylvania holding registration number 17,603 therein, admitted in good
`
`standing to practice in patent matters before the United States Patent and Trademark Office
`
`pursuant to registration 27,223, and am the attorney of record for the Petitioner, StonCor Group,
`
`Inc., in the above—referenced matter.
`
`2.
`
`I have represented StonCor Group, Inc. and its predecessors—in-interest in
`
`intellectual property matters for nearly 30 years.
`
`3.
`
`StonCor Group was sued for patent infringement a little over one year ago.
`
`I am
`
`the principal lawyer defending StonCor against the charge of patent infringement in that matter.
`
`The case is Ronald Mark Associates, Inc. v. StonCor Group, Inc., civil action l3-7446, pending
`
`in the United States District Court for the District of New Jersey, in Camden, New Jersey. My
`
`work in representing StonCor in defending that suit has occupied a large, excessive amount of
`
`28980448v1 02/12/2015 4:32 PM
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`l
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`07611043901/pleadings
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`
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`my time, especially in the period from 1 September 2014 through the present. During that time
`
`the work has been extremely intense due to the schedule required under the Local Patent Rules of
`
`the District of New Jersey.
`
`I have studied well over 100 prior art references, developed
`
`StonCor’s contentions as regarding invalidity of the two patents in suit based on those
`
`references, developed StonCor’s non-infringement contentions regarding sixty-three claims at
`
`issue in the litigation and have engaged in numerous discovery disputes with extremely
`
`aggressive, indeed unreasonable, opposing counsel.
`
`4.
`
`Due to my representation of StonCor as its principal lawyer defending the charge
`
`of patent infringement and asserting counterclaims of invalidity and non-infringement in the
`
`Mark v. StonCor case, I have not had sufficient time to devote to the instant cancellation
`
`proceeding on behalf of StonCor.
`
`5.
`
`By email I have twice requested counsel for Sto AG that discovery be extended in
`
`light of my inability to deal with this case adequately on behalf of StonCor. Neither of the
`
`requests that I have made to counsel for Sto AG. have been answered. Counsel for Sto AG has
`
`been silent as respecting the possibility of extension of the discovery period. While StonCor has
`
`served paper discovery on Sto AG, the discovery period will expire before Sto AG’s responses
`
`are due. StonCor needs the discovery period extended in order to receive and to evaluate Sto
`
`AG’s responses to StonCor’s outstanding discovery and to possibly serve additional paper
`
`discovery or to take discovery depositions.
`6.
`I hereby declare, under penalty of perjury pursuant to 28 USC 1746, that all
`
`statements made herein are true and that all statements made herein on information and belief are
`
`believed to be true and further that I realize that false statements and the like so made herein are
`
`punishable by fine, or imprisonment or both, under 18 USC 1001 et seq.
`
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`2
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`07611043901/pleadings
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`
`
`Respectfully submitted,
`
`
`/Charles N. Qunn/
`Charles N. Quinn
`747 Constitution Drive, Suite 100
`
`Exton, PA 19341
`Tel: 610-458-4984
`
`cquinn@f0Xr0thschi1d.corn
`Attorneys for Petitioner
`
`Dated:
`
`12 February 2015
`
`28980448vl 02/12/2015 4:32 PM
`
`3
`
`076110.43901/pleadings
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