Defendants' motion to stay execution of judgment, to stay post-judgment discovery, and to terminate a permanent injunction was granted where the judgment in the case was on appeal and the PTO issued a post-judgment Advisory Action stating plaintiff had failed to overcome all of the rejections in a final rejection of the patent-in-suit. "[H]ere the Court's decision to grant summary judgment [of no invalidity] was based on a number of disclosure violations committed by Defendants in the lead up to trial. . . . [T]he Court finds that the PTO's Advisory Action is not only the most recent decision regarding the [patent-in-suit's] validity, it is a decision made after a thorough examination of the matter conducted by a body which holds particular expertise in such issues. . . . The Court concludes that the PTO's proceedings should govern Defendants' actions rather than the Court's Permanent Injunction which is based on a patent which has been declared invalid."
Flexiteek Americas, Inc. et al. v. Plasteak, Inc. et al., 0-08-cv-60996 (FLSD July 20, 2010, Order) (Cohn, J.)