Thursday, April 16, 2009

"Oft-Cited Reexamination Statistics and Generic Judicial Efficiency Arguments" were Insufficient for Stay Pending Reexam

Defendants' motion to stay pending reexamination was denied. "[I]t is this Court’s experience that the reexamination process may actually complicate a case by creating additional prosecution history estoppel and disavowal arguments that must be addressed during claim construction. To convince this Court that a stay will actually simplify a case, the requesting party must do more than merely proffer oft-cited reexamination statistics and generic judicial efficiency arguments. This Defendants have not done."

ROY-G-BIV Corp. v. Fanuc Ltd., 2-07-cv-00418 (TXED April 14, 2009, Order)

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