No Irreparable Harm to Patent Holding Company from Stay Pending Reexam

In granting defendants' motion to stay pending reexamination, the court noted that "[plaintiff] has not pointed to any separate business interests that might be jeopardized by a delay pending reexamination. . . . [Defendant] asserts that [plaintiff] is nothing more than a patent holding company. While it is true that the complaint alleges that [defendant] is still marketing the alleged infringing product, [plaintiff] can always move to recover damages for such sales at the end of the litigation if [plaintiff] is successful on its claims."

District Judge Samuel Der-Yeghiayan
SP Technologies, LLC v. Samsung Group, 1-08-cv-03760
(ILND May 6, 2009, Memorandum Opinion & Order)