TTAB Grants Summary Judgment Re Bogus Fraud Counterclaim

The Board granted Opposer Kastle's motion for summary judgment, dismissing Applicant Lee's counterclaim alleging fraud in the procurement of one of Kastle's pleaded registrations. Applicant claimed that opposer made arguments in these proceedings that are contradictory to arguments opposer made to the USPTO in obtaining the pleaded registration, and therefore perpetrated fraud on the Board and on the USPTO. Kastle Systems International LLC v. Lee Strategy Group LLC, Oppositions Nos. 91227930 and 91236247 (December 21, 2017) [not precedential].

The Board observed that applicant's motion was more in the nature of a motion to dismiss for failure to state a claim on which relief can be granted (i.e., FRCP 12(b)(6)). However, because the motion was filed after opposer's answer, and because there was no need to consider matters outside the pleadings, the Board construed the motion as one seeking judgment on the pleadings.