Quiero saber acerca de...

Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Proposed Rules consider arguments referencing the Federal Rules of Civil Procedure or FRE, but is not bound by the Federal Rules of Civil Procedure or FRE, and will only consider them to the extent that they are persuasive in the context of this subchapter.
6. Add 222.10 through 222.19 to read as follows:

Sec.
222.10
222.11
222.12
222.13
222.14
222.15
222.16
222.17
222.18
222.19

jspears on DSK121TN23PROD with PROPOSALS3

222.10

Scheduling order.
Amending pleadings.
Consolidation or severance.
Additional parties.
Written testimony on the merits.
Hearings.
Withdrawal of claims; dismissal.
Settlement.
Protective orders.
Evidence.

222.11

Scheduling order.

a Timing. Upon confirmation that a proceeding becomes an active proceeding, the Board shall issue an initial scheduling order.
b Content of initial scheduling order.
The scheduling order shall include the dates or deadlines for:
1 Filing of a response to the claim by the respondent;
2 A pre-discovery conference with a Copyright Claims Officer Officer to discuss case management, including discovery, and the possibility of resolving the claims and any counterclaims through settlement;
3 Service of responses to standard interrogatories;
4 Service of requests for admission;
5 Service of documents in response to standard production of document requests;
6 Requests for leave to seek additional discovery;
7 Close of discovery;
8 A post-discovery conference with an Officer to discuss further case management, including the need for any additional discovery, and the possibility of resolving the claims and any counterclaims through settlement; and 9 Filing of each partys written testimony and responses, pursuant to 222.14.
c Conferences. In addition to those identified in paragraph b of this section, the Board may hold additional conferences to manage the proceedings and resolve disputes, at its own election or at the request of any party.
Conferences may be held by one or more Officers and shall be held virtually.
d Amended scheduling order. The Board may amend the initial scheduling order 1 Upon the clearance of a counterclaim by a Copyright Claims
VerDate Sep<11>2014

19:27 Dec 07, 2021

Jkt 256001

Attorney pursuant to 37 CFR 224.1c1, to add a deadline for the service of a response by a claimant to a counterclaim and to amend other previously scheduled dates in the prior scheduling order;
2 Upon request of one or more of the parties to an active proceeding submitted through the Boards electronic filing system;
3 As necessary to adjust the schedule for conferences or hearings or the staying of any proceedings;
4 As necessary to facilitate settlement pursuant to 222.17; or 5 Upon its own initiative in the interests of maintaining orderly administration of the Boards docket.
Amending pleadings.

a Amendments before service. A
party may freely amend its pleading once as a matter of course prior to service of its claim or counterclaim. Any claim or counterclaim that is amended shall be submitted for a compliance review by a Copyright Claims Attorney.
b Amendments during the opt-out period. A claimant seeking to amend a claim during the opt-out period may do so only with leave of the Board.
1 Requests for leave to amend. To request the Boards leave, the claimant must submit a letter to the Board, no longer than five pages in length, setting forth the reasons why an amended claim is appropriate. In determining whether to grant leave to amend a pleading, the Board shall freely grant leave if justice so requires after considering whether the basis for the amendment reasonably should have been known to the claimant before the claim was served or during the time period specified in paragraph a of this section, along with any other relevant considerations.
2 Compliance review of amended claims. If the Board grants leave to amend a claim, any amendment shall be submitted by the claimant for a compliance review by a Copyright Claims Attorney.
3 Time for service of the amended claim. The claimant shall serve the amended claim on the respondent within 14 days after a Copyright Claims Attorney finds it to be compliant.
4 Extension of the opt-out period.
The respondent shall have 60 days from service of the amended claim to opt out of the proceeding pursuant to 37 CFR
223.1.
c Non-infringement claims or defenses or misrepresentation claims. A
party asserting non-infringement or defending against a claim of infringement or misrepresentation may amend its pleading after service of its initial responses to standard
PO 00000

Frm 00017

Fmt 4701

Sfmt 4702

69905

interrogatories, where the party disclosed additional defenses beyond those set forth in the initial pleading.
Such amendment shall be as a matter of right.
d All other amendments. In all other cases, a party may amend its pleading only with the Boards leave. If the Board grants leave, any amendment shall be submitted for a compliance review.
1 Time to respond. Unless the Board orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 21 days after the Boards notification that the amended pleading is compliant, whichever is later.
2 Procedure for request for leave to amend. The party seeking leave to amend must submit a short letter to the Board, no longer than five pages in length, setting forth the reasons why an amended pleading is appropriate. Any other party may file a response, no longer than five pages in length, within 14 days of the date of service of the request for leave to amend, stating its views concerning the request. No reply letters shall be permitted unless the Board grants leave.
3 Standard for granting leave to amend. In determining whether to grant leave to amend a pleading, the Board shall freely grant leave if justice so requires after considering whether any other party will be prejudiced if the amendment is permitted including the impact the amendment might have on a respondents right to opt out of the proceeding, whether the proceedings will be unduly delayed if the amendment is permitted, and whether the basis for the amendment reasonably should have been known to the amending party before the pleading was served or during the time period specified in paragraph a of this section, along with any other relevant considerations.
222.12

Consolidation or severance.

a Consolidation. If a claimant has multiple active proceedings against the same respondent or that arise out of the same facts and circumstances, the Board may consolidate the proceedings for purposes of conducting discovery, submitting evidence to the Board, or holding hearings. Consolidated proceedings shall remain separate for purposes of Board determinations and any damages awards.
b Severance. If a single proceeding includes distinct claims involving disparate facts and circumstances that would be difficult, time-consuming, or otherwise inappropriate to resolve in a single proceeding, the Board may sever
E:FRFM08DEP3.SGM

08DEP3