Court of Appeals for the Federal Circuit February 3, 2004, No. 03-1360 (Mattel, Inc. v. Henson)

PER CURIAM.

This case involves the issue of “excusable neglect” in the context of a failure to prosecute an opposition to a trademark application. Appellant Mattel, Inc. argues that its failure to take any action during the discovery and testimony periods scheduled for Mattel’s opposition to appellee Emilia J.