`
`ESTTA Tracking number:
`
`ESTTA805204
`
`Filing date:
`
`03/06/2017
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92062507
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Rafael N Aguila DBA Edge Systems
`
`RAFAEL N AGUILA
`5338 SW 57TH AVENUE
`MIAMI, FL 33155
`UNITED STATES
`raguila@gmail.com
`
`Response to Board Order/Inquiry
`
`Rafael N Aguila
`
`raguila@gmail.com
`
`/Rafael N Aguila/
`
`03/06/2017
`
`RESPONSE TO BOARD REQUEST FOR STATUS OF THE CIVIL ACTION -
`ACTIV-4.pdf(460107 bytes )
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`Edge Systems LLC,
`
`
`Petitioner,
`
`
`v.
`
`Rafael N. Aguila DBA Edge Systems,
`
`
`Respondent.
`
`_____________________________________
`
`RESPONSE TO BOARD’S REQUEST FOR STATUS OF THE CIVIL ACTION
`
`
`
`On 02/06/2017, the Board filed an order to inform the Board of the status of the civil
`
`action which occasioned the suspension of this proceeding. To comply with this order, the
`
`Respondent files this response.
`
`Edge Sys., LLC v. Aguila, Civil Action No. 1:14-CV-24517-KMM is still under appeal
`
`with the Federal Circuit as Edge Systems LLC v. Aguila, Federal Circuit Docket # 16-2189. See
`
`Appendix A for the docket of the Federal Circuit appeal. In accordance with Trademark Rule
`
`2.117(a), it is the policy of the Board to suspend proceedings when the parties are involved in a
`
`civil action which may be dispositive of, or have a bearing on, the Board case. Accordingly,
`
`good cause exists for the continued suspension of this proceeding.
`
`March 6th, 2017
`
`
`
`1
`
`Respectfully Submitted,
`
`Rafael N. Aguila, pro se
`5338 SW 57th AVENUE
`SOUTH MIAMI, FL 33155
`raguila@gmail.com
`305-508-5053
`
`)
`
`Cancellation No. 92062507
`
`Registration No. 4768710
`
`Mark: ACTIV-4
`
`) ) ) ) ) ) ) ) )
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`
`I hereby certify that I served copies of the foregoing RESPONSE TO BOARD’S
`REQUEST FOR STATUS OF THE CIVIL ACTION upon the Petitioner’s counsel of record by
`depositing a copy thereof in the United States Mail, first-class postage prepaid, on March 6th,
`
`2017, addressed as follows:
`
`
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`Lauren Keller Katzenellenbogen
`Ali S. Razai
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`UNITED STATES
`
`
`
`
`
`
`Rafael N. Aguila, pro se
`5338 SW 57th AVENUE
`SOUTH MIAMI, FL 33155
`UNITED STATES
`raguila@gmail.com
`305-508-5053
`
`
`
`
`
`
`
`
`
`
`
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`
`
`2
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`
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`EXHIBIT A
`
`
`Docket History for Edge Systems LLC v. Aguila,
`Federal Circuit Docket # 16-2189.
`
`
`
`3
`
`
`
`Docketed: 06/08/2016
`
`3/6/2017
`
`162189 Docket
`
`General Docket
`United States Court of Appeals for the Federal Circuit
`
`Court of Appeals Docket #: 162189
`Nature of Suit: 830 Patent Infringement (Fed. Question)
`Edge Systems LLC v. Aguila
`Appeal From: United States District Court for the Southern District of Florida
`Fee Status: fee paid
`Case Type Information:
`1) Civil Private
`2)
`3)
`Originating Court Information:
` District: 113C1 : 1:14cv24517KMM
` Trial Judge: K. Michael Moore, United States District Judge
` Date Filed: 11/26/2014
` Date NOA Filed:
` 06/07/2016
`Prior Cases:
` 151507 Date Filed: 03/30/2015 Date Disposed: 12/21/2015 Disposition: Affirmed
`
` Date Rec'd COA:
` 06/07/2016
`
`Current Cases:
`
` Consolidated
`
`Lead
`
`162189
`162189
`
`Member
`
`162384
`171030
`
`Start
`
`07/29/2016
`10/17/2016
`
`End
`
`EDGE SYSTEMS LLC, a California limited liability company
` Plaintiff Appellee
`
`AXIA MEDSCIENCES, a Delaware limited liability company
` Plaintiff Appellee
`
`v.
`
`RAFAEL NEWTON AGUILA, aka Ralph Aguila, dba
`Hydradermabrasion Systems
` Defendant Appellant
`
`Brenton R. Babcock, Attorney
`Direct: 9497600404
`Email: 2BRB@knobbe.com
`Fax: 9497609502
`[LD NTC Retained]
`Knobbe, Martens, Olson & Bear, LLP
`14th Floor
`2040 Main Street
`Irvine, CA 92614
`
`Ali S. Razai, Attorney
`Direct: 9497600404
`Email: ali.razai@knobbe.com
`[COR NTC Retained]
`Knobbe, Martens, Olson & Bear, LLP
`14th Floor
`2040 Main Street
`Irvine, CA 92614
`
`Brenton R. Babcock, Attorney
`Direct: 9497600404
`[LD NTC Retained]
`(see above)
`
`Ali S. Razai, Attorney
`Direct: 9497600404
`[COR NTC Retained]
`(see above)
`
`Rafael Newton Aguila,
`Direct: 3055085052
`Email: raguila@gmail.com
`[NTC Pro Se]
`5338 SW 57th Avenue
`South Miami, FL 33155
`
`https://ecf.cafc.uscourts.gov/cmecf/servlet/TransportRoom
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`1/5
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`
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`3/6/2017
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`162189 Docket
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`EDGE SYSTEMS LLC, a California limited liability company, AXIA MEDSCIENCES, a Delaware limited liability company,
`
` Plaintiffs Appellees
`
`v.
`
`RAFAEL NEWTON AGUILA, aka Ralph Aguila, dba Hydradermabrasion Systems,
`
` Defendant Appellant
`
`https://ecf.cafc.uscourts.gov/cmecf/servlet/TransportRoom
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`2/5
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`
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`3/6/2017
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`162189 Docket
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`06/08/2016
`
` 1
`86 pg, 1.12 MB
`
`06/22/2016
`
`06/22/2016
`
`06/22/2016
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`06/22/2016
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`06/23/2016
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`06/23/2016
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` 2
`2 pg, 100.9 KB
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` 3
`2 pg, 651.53 KB
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` 4
`3 pg, 759.44 KB
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` 5
`2 pg, 101.41 KB
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` 6
`3 pg, 132.88 KB
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` 7
`3 pg, 211.49 KB
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`07/20/2016
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` 8
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`07/20/2016
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`07/20/2016
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` 9
`4 pg, 496.1 KB
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` 10
`4 pg, 523.58 KB
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`07/27/2016
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` 11
`3 pg, 71.23 KB
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`07/29/2016
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` 12
`2 pg, 74.85 KB
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`07/29/2016
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` 13
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`08/10/2016
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`08/10/2016
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` 14
`3 pg, 669.04 KB
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` 15
`3 pg, 604.29 KB
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`Appeal docketed. Received: 06/07/2016. [341790]
`Entry of Appearance due 06/22/2016. Certificate of Interest is due on 06/22/2016. Appellant/Petitioner's
`Informal brief is due 06/29/2016.
`Entry of appearance for Brenton R. Babcock as principal counsel for Appellees Axia MedSciences and
`Edge Systems LLC. Service: 06/22/2016 by email. [345861]
`Certificate of Interest for the Appellees Axia MedSciences and Edge Systems LLC. Service: 06/22/2016
`by email. [345862]
`Docketing Statement for the Appellees Axia MedSciences and Edge Systems LLC. Service: 06/22/2016
`by email. [345865]
`Entry of appearance for Ali S. Razai as of counsel for Appellees Axia MedSciences and Edge Systems
`LLC. Service: 06/22/2016 by email. [345870]
`Entry of appearance for Appellant Rafael Newton Aguila as pro se. Service: 06/17/2016 by US mail.
`[346032]
`Certificate of Interest for the Appellant Rafael Newton Aguila. Service: 06/17/2016 by US mail. [346033]
`
`REMINDER: All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a)and Fed. Cir.
`R. 47.3 to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as
`information changes during the pendency of the appeal. Failure to comply with these Rules may delay the
`timely processing of your case or result in adverse action. [352175]
`Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellant Rafael Newton Aguila. Service:
`07/14/2016 by US mail. [352292]
`CORRECTED ENTRY: MOTION of Appellant Rafael Newton Aguila to allow designation of email address
`and to allow receipt by email of documents served. Response/Opposition is due 07/28/2016 [Consent:
`not addressed]. Service: 07/14/2016 by US mail. [352300] [Edited 07/26/2016 by clerk Reason: To
`properly construe the document as a motion]
`ORDER granting motion for other relief [10] filed by Appellant Rafael Newton Aguila. Appellant must still
`file most documents with the court in paper form, and must serve documents in paper form on opposing
`parties, unless the parties have agreed in writing to electronic service between themselves. The Appellant
`may file motions, a response to a motion, reply to a response, or letters by email. The certificate of
`service must state whether copies of emailed documents have been served by email or paper form.
`Service as of this date by Clerk of Court. [353859]
`ORDER consolidating appeals (162189 Lead with 162384 Consolidated.). The appeals are consolidated.
`The revised official caption is reflected above. Appellants opening brief is due no later than September
`26, 2016. Service as of this date by Clerk of Court. [354633]
`Note to file: The following cases are associated:162189 Lead with 162384 Consolidated. FURTHER
`ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [354650] [162189, 162384]
`Entry of appearance as pro se for Appellant Rafael Newton Aguila. Service: 08/08/2016 by US mail.
`[357634]
`Certificate of Interest for the Appellant Rafael Newton Aguila. Service: 08/08/2016 by US mail. [357636]
`
`09/26/2016
`
` 16
`15 pg, 2.2 MB
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`10/11/2016
`
` 17
`4 pg, 14.65 KB
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`MOTION of Appellant Rafael Newton Aguila to extend the time to 11/25/2016 to file the
`appellant/petitioner's principal brief. Response/Opposition is due 10/11/2016, to consolidate appeals
`(docket number resulting from notice of appeal filed in district court on 9/26/16). Response/Opposition is
`due 10/11/2016 [Consent: opposed]. Service: 09/26/2016 by email. [370837][Edited 10/03/2016 by clerk
`to correct the filed date of the event]
`RESPONSE of Appellees Axia MedSciences and Edge Systems LLC to the motion to extend time to file
`appellant/petitioner principal brief [16] filed by Appellant Rafael Newton Aguila in 162189 , motion to
`consolidate appeals [16] filed by Appellant Rafael Newton Aguila in 162189. Service: 10/11/2016 by
`email. [373043]
`ORDER mooting motion to extend time to file appellant/petitioner principal brief [16] filed by Appellant
`Rafael Newton Aguila; granting motion to consolidate appeals [16] filed by Appellant Rafael Newton
`Aguila. We consolidate the appeals, and thus one set of briefs should be filed for the three appeals. The
`appeals are consolidated. The revised official caption is reflected above . The opening brief is due no
`later than December 12, 2016. Service as of this date by Clerk of Court. [375021]
`Note to file: The following cases are associated:162189 Lead with 162384 and 171030 Consolidated.
`FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [375037] [162189, 162384, 17
`1030]
`https://ecf.cafc.uscourts.gov/cmecf/servlet/TransportRoom
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`10/17/2016
`
` 18
`2 pg, 76 KB
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`10/17/2016
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` 19
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`3/5
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`3/6/2017
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`12/12/2016
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` 20
`4 pg, 295.94 KB
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`12/13/2016
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`12/19/2016
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`12/20/2016
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` 21
`2 pg, 76.64 KB
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` 22
`0 pg, 0 KB
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` 23
`2 pg, 24.81 KB
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`12/30/2016
`
`12/30/2016
`
` 24
`113 pg, 26.94 MB
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` 25
`113 pg, 26.94 MB
`
`01/11/2017
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`01/17/2017
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` 28
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` 26
`7 pg, 19.93 KB
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`01/18/2017
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` 27
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`162189 Docket
`
`1030]
`MOTION of Appellant Rafael Newton Aguila to extend the time to 12/19/2016 to file the
`appellant/petitioner's principal brief. Any response is due within 10 days of service [Consent: unopposed].
`Service: 12/12/2016 by US mail. [390294]
`ORDER granting motion to extend time to file appellant/petitioner principal brief [20] filed by Appellant
`Rafael Newton Aguila. Brief due 12/19/2016. Service as of this date by Clerk of Court. [390627]
`TENDERED from Appellant Rafael Newton Aguila. Title: OPENING BRIEF. [392734] This brief has been
`rejected. See Doc No[23]
`
`NOTICE OF REJECTION: The brief of Appellant Rafael Newton Aguila, Opening Brief [22], is not in
`compliance with the rules of this court and is therefore rejected for filing. Corrected Brief due 01/03/2017.
`Appellee Axia MedSciences brief is due 02/02/2017. Service as of this date by Clerk of Court. [392745]
`TENDERED from Appellant Rafael Newton Aguila. Title: OPENING BRIEF. [396141]
`
`CORRECTED BRIEF FILED for Appellant Rafael Newton Aguila [24]. Number of Pages: 41. Service:
`12/26/2016 by email and US mail. The paper copies of the brief should be received by the court on or
`before 01/11/2017. [396145]
`6 paper copies of the Opening Brief [25] received from Appellant Rafael Newton Aguila. [400242]
`
`MOTION of Appellees Axia MedSciences and Edge Systems LLC to extend the time to 03/03/2017 to file
`the appellee/respondent/crossappellant's principal brief. Any response is due within 10 days of service
`[Consent: unopposed]. Service: 01/17/2017 by email. [399558]
`**TEXT ONLY** ORDER granting motion to extend time to file appellee/respondent/crossappellant
`principal brief [26] filed by Appellees Edge Systems LLC and Axia MedSciences. Brief due 03/03/2017.
`Service as of this date by Clerk of Court. This order has been issued without an attached document and
`is official and binding. [399772]
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