Petroliam Nasional Berhad v., Inc.

Filing 170

Minute Entry: Telephone Conference held before the Honorable Phyllis J. Hamilton (Date Filed: 2/9/2012). (Court Reporter Not Reported.) (nah, COURT STAFF) (Date Filed: 2/9/2012)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CIVIL MINUTES Date: February 9, 2012 (Time: 15 minutes) JUDGE: Phyllis J. Hamilton Case No: C-09-5939 PJH Case Name: Petroliam Nasional Berhad v., Inc., Attorney(s) for Plaintiff: Attorney(s) for Defendant: Perry Clark John Slafsky, David Lansky Deputy Clerk: Nichole Heuerman Court Reporter: telephonic - not recorded PROCEEDINGS Hearing regarding defendant’s administrative motion for entry of final judgment on plaintiff’s claims and for voluntary dismissal of defendant’s counterclaim without prejudice (doc 168). Parties advised that court is willing to approve request so that counterclaim re validity of the trademark can be tried before the trademark Trial and Appeals Board (“TTAB”) if both parties agree. While both parties agree that a trial before the TTAB is preferable to a trial in the district court, they have not agreed on whether and under what circumstances, defendant should be permitted to return to this court. As discussed at the case management conference, the court is of the view that defendant should be permitted to return to this court for a trial on its counterclaim if the TTAB declines to entertain the merits of the dispute as to the validity of the trademark. The parties shall meet and confer and submit a stipulation on the issue within one week, or notify the court that they are unable to reach a stipulation. In the absence of a stipulation, a trial setting conference will be scheduled for the purpose of setting defendant’s counterclaim for trial. Order to be prepared by: [] Pl [] Def [] Court Notes: cc: chambers

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