Walker Digital LLC v. Google Inc., 1-11-cv-00318 (DED June 24, 2014, Order) (Stark, J.)
Thursday, June 26, 2014
Prejudice to NPE Weighs Against Stay Pending CBM Review
The court denied defendant's motion to stay pending CBM review and found that the NPE plaintiff would be unduly prejudiced by a stay. "Although it is true that [plaintiff] does not actively practice the patents and, therefore, does not compete with [defendant], it is also true that the longer [defendant] is allowed to engage in allegedly infringing activity, the lower the value of the patents becomes as licensing assets. Moreover, the patents-in-suit are set to expire in [2 years] and any delay in determining their validity significantly prejudices [plaintiff's] ability to license the patents."