Tuesday, February 24, 2009

Defendant's Decision to Initiate Ex Parte Reexam Warrants Denial of Stay Pending Reexam

Defendant's motion for a stay pending ex parte reexamination was denied. "No Defendant in this case has taken advantage of Congress’s hard work in offering th[e] option [of inter partes reexamination]. Rather, one Defendant has reached back in history to the non-binding 'no risk for me' ex parte reexamination process, allowing all Defendant to lay behind the log, hoping for favorable developments with the passage of time. Instead of streamlining the process, Defendants’ choice guarantees the imposition of additional costs on [plaintiff], and indicates a lack of desire to resolve the issues in the case in a timely manner."

Affinity Labs of Texas, LLC v. Dice Electronics, LLC, 9-08-cv-00163 (TXED February 20, 2009, Order)

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