Intellectual Property Law

New Matter SUMMER 2022, VOLUME 47, EDITION 2


Jane Shay Wald
Irell & Manella LLP

If You Want To Add Stuff That Took Place After Pleading A Motion To Supplement’s What You Are Needing

If You Want To Plead Things That Pre-Dated Your Filing You Must Move To Amend For The Board To Be Smiling

The Board allowed Opposer to supplement its pleadings to allege later-filed applications and earlier common law rights. "Opposer styles its motion as one for leave to amend under Fed. R. Civ. P. 15(a). However, to the extent Opposer seeks leave to allege ownership of applications filed after the proceeding was instituted, the motion is to supplement the pleading, and accordingly is governed by Fed. R. Civ. P. 15(d)."

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