Saturday, November 29, 2008

#34 - My Responses To Motions To Dismiss


Greetings all! Too busy today to be clever with titles, but I wanted to post an update for those who are following the world's slowest tennis match.

Mike and Robin filed their expected motions to dismiss for lack of personal jurisdiction. They didn't use my response as a guide and filed pretty much the same documents as Jill.

I filed my responses to those motions:

Here is my response to Robin.

Here is my response to Mike.

Most of the cover stuff is the same in both responses, but there are some interesting differences if you are patient enough to dig into it. As always I apologize for the cotton-picking typos that seem to elude my multiple proofreadings!

I spared everyone the 90+ pages of attachments to each response, but they are available to the truly masochistic if you wish.

Jay's attorney, no great surprise called me and asked for a 10-day extension and I agreed. However, when the paperwork went to the court, it was more like a 15-day extension. . . . Hmmmmm . . . . Oh well! American really isn't the focal point of this suit anyway.

I have to wait for one more deadline to pass before I can file my next round of motions. I have a shorty due Monday, so I have to get that one done ASAP!

Have a great holiday weekend everyone and thank you for your continued support.


Thursday, November 06, 2008

#33 . . . Motion To DQ is Denied

A quick post this morning before I head off to court.

Jill Koehler had filed a motion to disqualify me from representing our company and the Ranch before the United States Patent and Trademark Office proceeding. The judicial branch, the 'TTAB' denied that motion this morning.

You can read the decision here.

This 'motion' had a couple of quotes parroted out of one of the federal cases. The one Kansas case cited had zero to do with TTAB practice. My guess is that the motion was an attempt to try and force us to hire outside counsel. It failed. I have an absolute right to represent our company in the proceeding before the TTAB.

One small step for the Ranch as this thing clunks along the administrative law path.

Have a great day everyone! Terri