Friday, July 28, 2006

CAFC Raises Issue of Jurisdiction Over Stoller's Appeal from TTAB Sanction Order

On Wednesday, July 26, the CAFC issued an Order in connection with Leo Stoller's Motion to Stay the TTAB's July 14th Sanction Order. In re Leo Stoller, Appeal No. 2006-1534. Judge Arthur J. Gajarsa directed the PTO and Stoller "to respond whether this court has jurisdiction to review the order. Specifically, there may be concerns whether the order is interlocutory or whether this court or a district court has jurisdiction. See 28 U.S.C. Section 1295(a)(4)(b); 15 U.S.C. 1071." The PTO must respond within 14 days (i.e., by August 9, 2006), and Stoller then will have 10 days to reply.

TTABlog comment: The TTABlog gives kudos to Leo Stoller for providing a never-ending flow of bloggable material. Leo, I couldn't have done it without you!

Text Copyright John L. Welch 2006.


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