Friday, July 29, 2011

Judge Sparks Revokes Abbreviated Stay Pending "Expedited" Reexamination

The court had previously stayed the case for an abbreviated three-month period and ordered the PTO to expedite its reexamination, but modified its order when plaintiff wanted "more time to respond to the PTO's initial rejection of its patents." "Obviously, the PTO cannot expedite its reexamination if the parties drag their feet. . . . [B]ecause [plaintiff] is apparently no longer in any hurry, neither is the court. This case will proceed when the PTO has fully reexamined the 'seamless expansion' patents and come to a final conclusion, a process whose length will be dictated primarily by the actions of the parties before the PTO. Accordingly, it is ordered that this case is stayed pending final reexamination . . . by the United States Patent and Trademark Office."

MONKEYMedia, Inc. v. Apple, Inc., 1-10-cv-00319 (TXWD July 27, 2011, Order) (Sparks, J.)

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