Precedential No. 21: TTAB Rules That Sur-Sur-Rebuttal Expert Reports Are Never Permitted
The TTABlog
AUGUST 14, 2023
Monster Energy Company v. However, MEC then sought leave to serve the sur-rebuttal report, which the Board granted, relying on NewEgg Inc. NewEgg , 118 USPQ2d at 1244. 7 (TTAB 2019); Carrini, Inc. The Board granted MEC leave to serve its sur-rebuttal repor, but limited it to a critique of Coulter's report.
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