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Jive Software, Inc. v. Jive Communications, Inc. Jive Communications, Inc. v. Jive Software, Inc.

No. 91218826 (T.T.A.B. Dec. 20, 2017)
Jive Software, Inc. v. Jive Communications, Inc. Jive Communications, Inc. v. Jive Software, Inc.

13 Cited authorities

  1. Foman v. Davis

    371 U.S. 178 (1962)   Cited 28,872 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  2. Kemin Foods v. Pigmentos Vege. Del Centro

    464 F.3d 1339 (Fed. Cir. 2006)   Cited 71 times
    Holding that where a party's legal position as to the scope of a patent was sufficiently plausible, the party could not have acted with the requisite deceptive purpose

  3. United States ex rel. Westrick v. Second Chance Body Armor, Inc.

    288 F.R.D. 222 (D.D.C. 2012)   Cited 34 times
    Allowing discovery into a non-testifying expert's work involving the storage and care of protective vests that may have impacted the testifying expert's results

  4. Bern Unlimited, Inc. v. Burton Corp.

    25 F. Supp. 3d 170 (D. Mass. 2014)   Cited 22 times
    Finding that allegations that a competitor's false advertising resulted in increased sales for the competitor and decreased sales for the counter-plaintiff were sufficient to survive a motion to dismiss

  5. Aerojet-General Corp. v. Machine Tool Works

    895 F.2d 736 (Fed. Cir. 1990)   Cited 15 times
    Discussing the well-pleaded complaint rule in the context of Federal Circuit jurisdiction

  6. Thuron Industries, Inc. v. Conard-Pyle Co.

    579 F.2d 633 (C.C.P.A. 1978)   Cited 1 times

    Appeal Nos. 78-521, 78-522. June 30, 1978. James L. Kurtz, Washington, D.C., attorney of record, for appellant. Robert S. Swecker, Brian J. Leitten, Burns, Doane, Swecker Mathis, Alexandria, Va., attorneys of record, for appellee. Appeal from the Patent and Trademark Office Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. MILLER, Judge. This is an appeal from the decision of the Patent and Trademark Office ("PTO") Trademark Trial and Appeal

  7. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,428 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  8. Rule 13 - Counterclaim and Crossclaim

    Fed. R. Civ. P. 13   Cited 4,946 times   21 Legal Analyses
    Determining whether counterclaims are compulsory

  9. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 888 times   48 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  10. Section 2.116 - Federal Rules of Civil Procedure

    37 C.F.R. § 2.116   Cited 49 times
    Making the federal rules of civil procedure generally applicable in TTAB proceedings

  11. Section 2.106 - Answer

    37 C.F.R. § 2.106   Cited 12 times
    Defining compulsory counterclaim as "defense attacking the validity of any one or more of the registrations pleaded in the opposition"

  12. Section 2.114 - Answer

    37 C.F.R. § 2.114   Cited 5 times
    Identifying " defense attacking the validity of any one or more of the registrations pleaded in the petition," as the sole compulsory counterclaim to a cancellation petition

  13. Section 2.107 - Amendment of pleadings in an opposition proceeding

    37 C.F.R. § 2.107   Cited 2 times

    (a) Pleadings in an opposition proceeding against an application filed under section 1 or 44 of the Act may be amended in the same manner and to the same extent as in a civil action in a United States district court, except that, after the close of the time period for filing an opposition including any extension of time for filing an opposition, an opposition may not be amended to add to the goods or services opposed, or to add a joint opposer. (b) Pleadings in an opposition proceeding against an