In granting defendant's renewed motion for a stay pending reexamination, the court rejected plaintiff's claim that "it will be irreparably harmed if a stay is granted because [defendant] continues to release products that use . . . the accused product to the open source community on an ongoing basis. . . . The Court has . . . found it telling that [plaintiff] had not sought an injunction and waited nearly three years after [defendant] announced [the accused product] and two years after its release to file suit."
Network Appliance Inc. v. Sun Microsystems Inc., 3-07-cv-06053 (CAND February 11, 2010, Order) (Laporte, M.J.)