Thursday, January 7, 2010

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.)

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