Stay Pending Reexam Denied Where Parties Are Direct Competitors

Defendant's motion to stay pending reexamination was denied even though the case was "in the early stages of litigation and discovery [had] not yet begun." "Plaintiff contends that a stay would delay the possibility of them obtaining an injunction to prevent ongoing infringement by the defendant and that the defendant is a thinly capitalized company without great resources. The parties are direct competitors and a denial of timely enforcement of either party’s patent rights would indeed unduly prejudice that party."

National Oilwell Varco, L.P. v. Auto-Dril, Inc., 5-09-cv-00085 (TXED January 5, 2010, Order) (Ward, J.)