Wednesday, July 27, 2011

PTO Ordered to Expedite Reexamination of Patents-in-Suit

The court granted "as modified" defendants' motion to stay the litigation based on the PTO's initial rejection of all claims in three of the six patents-in-suit during reexamination. The stay order was modified in that it extended only until a date certain and ordered the PTO to expedite the reexamination such that it would be completed by that date. "The Court has no intention to stay these cases indefinitely. However, a modest stay may serve to resolve or clarify the issues in the cases to a significant extent, particularly if the parties are as interested in the efficient resolution of this dispute as they purport to be. Accordingly, this case shall be stayed [until a date approximately 3 months in the future]. The United States Patent and Trademark Office is ordered to expedite the reexamination of [the three patents-in-suit involved in the reexamination proceeding] and to advise the Court and the parties in these cases of its results prior to [a date approximately 3 months in the future]. The relevant parties in these causes shall likewise expedite their submissions, if any, to the PTO to facilitate timely reexamination; shall advise the PTO of this stay and the order for expedited review; and shall provide copies of this order to all appropriate personnel within the PTO."

MONKEYmedia, Inc. v. Apple, Inc., 1-10-cv-00319 (TXWD July 25, 2011, Order) (Sparks, J.)

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