Friday, January 22, 2010

Delay of Five to Seven Years Does Not Create Undue Prejudice Sufficient to Deny Stay Pending Reexam

In granting defendant's motion to stay pending reexamination, the court rejected plaintiff's argument that it would be prejudiced by a 2-3 year stay and a 3-4 year appeals process. "'[T]he prejudice claimed by Plaintiff applies equally to any case where reexamination is sought. It is for that reason that courts have found that 'delay inherent in the reexamination process does not constitute, by itself, undue prejudice.' Moreover, Plaintiff ignores that the reexamination process was enacted by Congress to provide certainty in the validity of patent rights and to provide a faster, less expensive remedy than litigation when the validity of a patent is at issue."

Spectros Corp. v. Thermo Fisher Scientific, Inc., 4-09-cv-01996 (CAND January 20, 2010, Order) (Armstrong, J.)

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