Thursday, January 14, 2010

Stay Pending Reexam Granted Prior to PTO's Grant of Petition for Reexam

The court granted defendant's motion to stay pending reexamination even though the PTO had not yet granted reexamination. "95% of reexamination requests have been granted. The Court finds that were the patent-in-suit to be denied reexamination, staying this case [for approximately two months], at the latest, would have a minimal effect on the litigation schedule. Accordingly, the Court is not persuaded that the motion should be denied merely because PTO has not yet accepted [defendant's] application for reexamination. . . . If the PTO decides to decline reexamination of the . . . patent, the stay may be lifted and litigation will resume upon motion by either party."

E-Z-GO, et al. v. Club Car, Inc., 1-09-cv-00119 (GASD January 12, 2010, Order) (Hall, J.)

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