In denying defendant's motion to stay pending ex parte reexamination, the court concluded that reexamination statistics weighed against a stay. "According to the PTO’s Ex Parte Reexamination Filing Data dated June 30, 2009, upon reexamination all claims in a patent are cancelled 11% of the time and the patent claims are changed 64% of the time. The statistical unlikelihood that the patent will be cancelled weighs in favor of denying the stay. The probability that some of the claims may change after reexamination weighs in favor of staying the case, but that can be handled if and when it occurs."
Gator Tail, LLC v. Mud Buddy, LLC d/b/a Mud Buddy Manufacturing, 3-08-cv-00125 (LAMD April 5, 2010, Order) (Lemmon, J.)