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ARTICLE · 18 JANUARY 2022

Precedential No. 2: TTAB Rejects Summary Judgment Motion Filed Three Days Too Late

Wolf, Greenfield & Sacks, P.C.
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The Board denied Opposer Lumber Liquidator's request for reconsideration of the denial of its summary judgment motion because the motion was untimely.

United StatesIntellectual Property
John L. Welch
John L. Welch
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The Board denied Opposer Lumber Liquidator's request for reconsideration of the denial of its summary judgment motion because the motion was untimely. A summary judgment motion must be filed before the deadline date for pre-trial disclosures, but Lumber Liquidator filed its motion three days after the deadline date. Lumber incorrectly applied Rule 2.196 in adding three days to the deadline. Lumber Liquidators Services, LLC v. Columbia Insurance Co., 2022 USPQ2d 31 (TTAB 2022) [precedential] (Order by Interlocutory Attorney Jennifer Krisp).

Rule 2.127(e)(1) states, in pertinent part, that "A motion for summary judgment must be filed before the day of the deadline for pretrial disclosures for the first testimony period, as originally set or as reset." (emphasis by the Board). Lumber's pre-trial disclosures were due on Saturday, July 3, 2021, after the Board granted a consented motion for extension of discovery and trial dates. Lumber filed its summary judgment motion

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