Wednesday, May 12, 2010

Stay Pending Reexam Denied Because Reexam "May Actually Complicate" the Case

The court denied defendant's motion to stay pending ex parte reexamination. "[U]nless all claims of the patents-in-suit are invalidated through reexamination, the reexamination process may actually complicate the above-captioned case by creating additional prosecution history estoppel and disavowal arguments that must likely be addressed, such as during claim construction. To convince this Court that a stay will actually simplify a case, the requesting party must do more than merely proffer oft-cited reexamination statistics and generic judicial efficiency arguments. [Defendant] has not done so."

Parallel Networks, LLC v. Microsoft Corp., 2-09-cv-00172 (TXED May 10, 2010, Order) (Folsom, J.)

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