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."

Phil-Insul Corp. v. Airlite Plastics, Inc., et. al., 8-12-cv-00151 (NED October 18, 2012, Order) (Gossett, M.J.).

No comments: