Phil-Insul Corp. v. Airlite Plastics, Inc., et. al., 8-12-cv-00151 (NED October 18, 2012, Order) (Gossett, M.J.).
Monday, October 22, 2012
Plaintiff’s Delay in Enforcing Patent Rights Against Competitor Warrants Stay Pending Reexam
The court granted defendants' motion to stay pending a second reexamination and rejected plaintiff's claim of undue prejudice because the parties were competitors. "Plaintiff waited over one and a half years since the Patent emerged from reexamination. . . before commencing this infringement action. Plaintiff also chose not to include Defendants in [another suit involving the same patent], which was filed over a year before this suit. Second, Plaintiff decided not to seek a preliminary injunction against Defendants in this action, which tends to suggest that Plaintiff would not be unduly prejudiced by staying this litigation. Third, Plaintiff admits that it offered Defendants a license to the Patent before filing this suit."