Tuesday, October 12, 2010

Defendant's Agreement to Temporarily Discontinue Infringing Conduct Warrants Grant of Stay Pending Reexamination

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.)

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