Thursday, February 12, 2009

No Stipulation Concerning Validity Required for Stay Pending Reexam

In granting defendant's motion to stay pending reexamination, the court rejected plaintiff's argument that "the benefits that [defendant] claims will result from the stay will be realized only if [defendant] agrees not to assert invalidity before this court if the PTO should find that the [patent-in-suit] is valid." "If the patent does not emerge intact from the reexamination, the chances of wasted effort on our part and that of the parties is substantial. Conversely, though the PTO’s treatment of the various issues raised may not be dispositive if the patent remains unchanged, it is highly unlikely that they will not be relevant and therefore helpful to the parties and this court in reaching final resolution of the infringement allegations."

Fellowes, Inc. v. Aurora Corp., 1-07-cv-07237 (ILND February 10, 2009, Memorandum Opinion)

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