All, Just to further explain my point from the call just now: In the situation where there is a string confusion objection against multiple strings, yes the easiest rules to implement would be that if one of the applicants does not pay the fees for the objection on time, would be that the non-paying applicant does not proceed no matter the outcome. *However, it is not necessarily the right outcome.* I can’t remember how much string confusion objections cost, but the fee was somewhere in the tens of thousands of dollars….not to mention the money you spend on legal counsel. Also keep in mind that “Loser Pays.” *Here is my scenario*: Objector A files a string confusion against applicants 1 and 2 believing that their applications should be in the same contention set as Objector A. Applicant wants to fight the objection and is willing to pay anything it takes to win. Applicant 2 believes, however, that the Objection has merit and does not mind the ultimate result that it ends up in adding Objector A to the contention set. It also has no interest in spending ten of thousands of dollars to fight a case it knows it is likely to lose (thereby losing all of the money they put into it since it is loser pays). . The “easiest solution” above would mean that Applicant 2 knowing it is likely to lose must still pay the money simply because Applicant 1 wants to fight. Yes, one could argue that Applicant 2 *could* benefit from Applicant 1’s fight (if in the off chance that it wins); But it is not fair to force Applicant 2 to pay for a fight simply because Applicant 1 does not want to concede. Solution: Add an option for Applicant 2 to plead “No Contest”. This means they would have to actually respond with that declaration, but they would not have to pay for Applicant 1s fight. By pleading no contest, it will put Applicant 1 on notice that it will be paying all the associated fees for the dispute resolution and it will be dragging along Applicant 2 if it wins. If Applicant 1 still wants to fight, so be it. If they no longer want to fight because Applicant 2 is not joining the fight, then Applicant 1 can change to plead “No contest” as well. This would result in a default and all of the applications will be in the same contention set. Most of the fees paid by the Objector will be refunded because the Panel was never technically constituted (Except for the quick look). Is my solution a little more complicated…perhaps…but I believe it is a better outcome than forcing Applicant 2 to pay to defend itself in a case it believes it will likely lose.
