Tuesday, June 23, 2009

Petition for Reexam Alone Does Not Warrant Stay of Litigation

Plaintiff's motion to stay pending ex parte reexamination was denied. "At the present time there is no pending reexamination. What is pending is a request by Plaintiff to the USPTO that it commence reexamination proceedings. Thus, at some time in the future -- be it a week, a month or more from now - there might be a reexamination proceeding. . . . Under the circumstances, the Court will not now, over the Defendants objections, stay this case."

Walter Kiddie Portable Equip., Inc. v. Universal Security Instruments, Inc. et al, 1-08-cv-02202
(MDD June 19, 2009, Order) (Garbis, J.)

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