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.)