TTAB Launches Pilot Program for Final Pretrial Conferences, Requiring Detailed Joint Pretrial Order

In another step that will make TTAB proceedings as complicated and expensive as civil litigation, the TTAB has announced its implementation of a pilot program for holding a Final Pretrial Conference in selected cases. [Announcement here]. The Board will focus on cases with large or unwieldy records, "overly contentious" proceedings, and cases in which the parties or counsel are unfamiliar with TTAB practice. The parties will be required to file a detailed Final Joint Pretrial Order [Model Format here] setting forth the issues, witnesses, exhibits, objections, etc., etc.

The United States Patent and Trademark Office (USPTO), Trademark Trial and Appeal Board (TTAB) has begun a pilot program for holding Final Pretrial Conferences in certain inter partes (trial) cases to better manage and streamline opposition and cancellation proceedings that proceed to trial. The goal of the pilot is to save time and resources of parties and the TTAB, and to foster the effective and efficient presentation of evidence.

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The conference will be scheduled by the TTAB and held sometime after the close of discovery but before the usual deadline for the Plaintiff’s Pretrial Disclosures. During the conference, the ATJ and IA will review with the parties their proposed FPC Order. Once final, the FPC Order will limit what the parties may pursue at trial.

Stakeholders may provide feedback regarding the pilot program and the FPC Order template, via TTABFeedback@uspto.gov.

Read comments and post your comment here.

TTABlogger comment: I am not looking forward to this program. The only time it might be helpful would be in a really complicated case (rare). Mostly, it will drive up costs and benefit the party with deep pockets. On the other hand, the FPC Order template could be  useful during the course of a proceeding to help a party organize its case and focus on what it needs to prove and how it's going to prove it.

Text Copyright John L. Welch 2023.