This interesting tidbit is courtesy of The TTABlog:
“…the Board ruled that Rule 2.127(d) does not provide for an automatic stay of a proceeding when a party files a motion for summary judgment. “Rather, only an order of the Board formally suspending proceedings has such effect.”"
The case, it seems, was on whether or not a motion for summary judgement suspends the proceedings already underway at the TTAB. Now, it doesn’t help that the respondent was ignoring discovery requests and that he filed the motion in a way that seemed downright malicious. To this effect, the Board held:
“Rather than providing justification for the failure to comply with the Board’s order, the filing of respondent’s clearly meritless motion for summary judgment just one day before respondent’s discovery responses were due can only be viewed as an effort to further obstruct petitioner’s rights to obtain discovery under the Board’s rules, the Board’s order compelling discovery, and the Board’s order granting discovery sanctions.”
Not a wise move my friend. The jury is out on the prospective effects of this ruling, but needless to say: A summary does not a suspension make.
