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This case serves as a reminder of the metes and bounds of an ex parte reexamination or expungement proceeding. Although a trademark challenger may suffer a loss in a reexamination, the Board may simply pick up where it left off on the same issue in any stayed proceedings.

In a precedential decision, the US Patent & Trademark Office (PTO) Trademark Trial & Appeal Board denied a motion for judgment based on either claim or issue preclusion, and in the...