Precedential No. 20: TTAB Declines To Strike Summary Judgment Motion As Untimely After Respondent Consented To Extension

[This guest post was written by Kira-Khanh McCarthy, a rising-3L at University of Notre Dame Law School.] In this cancellation proceeding involving a registration for the mark SOFT COAG for medical instruments, Petitioner Covidien dodged a motion to strike its summary judgment motion as untimely, but tripped over another procedural hurdle, resulting in the Board declining to consider its motion. Covidien LP v. ERBE Elektromedizin GmbH, 2019 USPQ2d 265006 (TTAB 2019) [precedential] (Order by Interlocutory Attorney Mary Beth Myles).

The Board faced the question of whether the granting of a consent motion for extension of all dates, filed just before the pretrial disclosure deadline, also extended the date for filing a summary judgment motion. Yes indeed, said the Board.