Wednesday, December 5, 2012

Defendant’s “Rush to File Reexamination Requests” Before AIA Reexamination Procedures Became Effective Did Not Prejudice Plaintiff

The court granted defendant's motion to stay pending ex parte reexamination of six patents-in-suit and rejected plaintiff's argument that it would be at a tactical disadvantage because of "Defendant’s initial delay in seeking reexamination, followed by its rush to file reexamination requests before the new and quicker America Invents Act reexamination procedures became effective. . . . Defendant cannot be faulted for failing to seek reexamination before it was served with Plaintiff’s summons and complaint. . . . [E]ven if Defendant was aware of Plaintiff’s active infringement litigation against other parties, such notice created no duty for Defendant, a third party, to seek reexamination. Once sued, Defendant acted promptly by filing six reexamination requests within two months. . . . [T]hat Defendant submitted its requests just days before new reexamination procedures were to be instituted did not constitute an undue prejudice towards Plaintiff."

Robert Bosch Healthcare Systems, Inc. v. Cardiocom, LLC, 5-12-cv-03864 (CAND December 3, 2012, Order) (Davila, J.).

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