Defendant's motion to stay pending inter partes reexamination was granted. "Turning to undue prejudice, the Court finds [plaintiff's] complaints substantially mitigated by [defendant's] agreement to 'no longer make, use, offer to sell, sell, import or distribute any [of the allegedly infringing] products in the United States, until the earlier of: (a) the date on which the [Patent] Examiner issues a Right of Appeal Notice . . . In the pending Reexamination, or (b) . . . 3 years away, a period longer than the average time between the filing of a reexamination request and issuance of a reexamination certificate.'"
TDY Industries Inc. v. Ingersoll Cutting Tool Co., 2-10-cv-00790 (PAWD October 7, 2010, Order) (Bissoon, M.J.)