Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Boyle v. Barclays Global Investors, N.A.
Citation: 50 F. App'x 986Docket: No. 02-1357
Court: Court of Appeals for the Federal Circuit; October 31, 2002; Federal Appellate Court
Barclays Global Investors, N.A. moved to waive the requirements of Fed. Cir. R. 27(f) and to dismiss John C. Boyle’s appeal on the grounds of untimeliness. Boyle submitted an opposition to the motion, asserting that he mailed his notice of appeal on November 30, 2001, and again on January 3, 2002. Barclays contended that the appeal was not filed in a timely manner, as the Trademark Trial and Appeal Board's decision was issued on November 1, 2001, and the Patent and Trademark Office (PTO) received Boyle's notice of appeal on January 7, 2002. Under 15 U.S.C. 1071(a)(2) and 37 C.F.R. 2.145(b)(1), a notice of appeal must be filed within two months of the Board's decision, which means it was due by January 2, 2002. The court noted it had no record of receiving a notice of appeal dated November 30, 2001, but did receive the January 3 notice on January 4. Consequently, the court granted Barclays' motion to dismiss the appeal as untimely, declared all pending motions moot, and ordered that each party bear its own costs.