Friday, March 7, 2014

Four Year Stay Pending Reexam No Impediment to Further Stay Pending IPR

The court granted defendant's motion to stay pending inter partes review. Although the case was eight years old and had been stayed four years pending reexamination, the early stage of the case, potential simplification of issues, and lack of undue prejudice weighed in favor of a stay. "To date, no claim construction hearing or trial date has been set. Moreover, the parties have not engaged in any significant discovery. While the Court appreciates that this case has been pending for several years, this fact alone does not negate the reality that a trial of this matter could be in distant view. As such, the Court finds that this case is still in early stages of litigation and well-positioned for a stay. . . . Now that the PTO has instituted review on all claims of the [patent-in-suit], simplification of the issues is more likely. . . . The gravamen of [plaintiff's] opposition is that this case was previously stayed for four years pending the ex parte reexamination. Any further delay, [plaintiff] argues, is inappropriate. The Court disagrees."

IP Co., LLC v. Tropos Networks, Inc., 1-06-cv-00585 (GAND March 5, 2014, Order) (Cooper, J.)

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