Sample TTAB Timetable For Inter Partes Proceeding Under the New Rules

Stephen R. Baird of Winthrop & Weinstine in Minneapolis has created a sample timetable for a hypothetical inter partes proceeding under the new TTAB rules, assuming that the notice of opposition is filed and the institution order is issued on November 1st.

SAMPLE DOCKETING DEADLINES FOR HYPOTHETICAL INTER PARTES CASE WITH A NOVEMBER 1, 2007 TTAB INSTITUTION ORDER
Day 0: Board’s Institution Order [November 1, 2007]
Day 40: Defendant’s Answer Due [December 11, 2007]
Day 60: Request Board Participation in Conference [December 31, 2007]
Day 70: Discovery Conference Deadline [January 10, 2008]
Day 70: Discovery to Open [January 10, 2008]
Day 99: Sanctions Motion (re Conference) Deadline [February 8, 2008]
Day 100: Both Parties’ Initial Disclosures Due [February 9, 2008]
Day 220: Expert Disclosures Due [June 8, 2008]
Day 250: Discovery to Close [July 8, 2008]
Day 250: Rebuttal Expert Disclosures Due [July 8, 2008]
Day 250: Motion to Compel Expert Disclosures Due [July 8, 2008]
Day 295: Plaintiff’s Pre-Trial Disclosures Due [August 22, 2008]
Day 309: Motions for SJ or Compel Discovery Due [September 5, 2008]
Day 310: Plaintiff’s Testimony Period to Open [September 6, 2008]
Day 340: Plaintiff’s Testimony Period to Close [October 6, 2008]
Day 355: Defendant’s Pre-Trial Disclosures Due [October 21, 2008]
Day 370: Defendant’s Testimony to Open [November 5, 2008]
Day 400: Defendant’s Testimony Period to Close [December 5, 2008]
Day 415: Plaintiff’s Rebuttal Disclosures Due [December 20, 2008]
Day 430: Plaintiff’s Rebuttal Period to Open [January 4, 2009]
Day 445: Plaintiff’s Rebuttal Period to Close [January 19, 2009]
Day 505: Plaintiff's Trial Brief Due [March 20, 2009]
Day 535: Defendant's Trial Brief Due [April 19, 2009]
Day 550: Plaintiff’s Rebuttal Trial Brief Due [May 4, 2009]
Day 560: Request for Oral Argument Due [May 14, 2009]

Note that this hypothetical calendar does not include any extensions of time or suspensions of the proceeding. With the discovery period now commencing thirty days after the due date for the answer (rather than before the answer), the length of a hypothetical proceeding such as this has been increased by about 50 days.
.