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Patent Case Conditionally Stayed Following Final Office Action (plus a little lagniappe)

By Michael C. Smith

QPSX Developments 5 Pty Ltd. v. Ciena Corporation et al, 2:07-cv-00118 (E.D. Tex., Aug. 27, 2009)
Motion for Stay Pending Reexamination CONDITIONALLY GRANTED
Judge: Chad Everingham

Judge Everingham granted defendants' motion to stay pending an appeal of a final rejection in reexamination (plus some additional office actions, but pending appeal to the BPAI) on the condition the parties stipulate to not (1) argue invalidity at trial regarding prior art considered in the reexamination, or (2) pursue another reexamination.

The particular facts in the case were important to the Court, which wrote that "[t]he posture of the current reexamination proceedings concerning the [patent-in-suit] is unlike a number of other cases in which this court has denied motions to stay. Here, the claims in suit stand rejected multiple times, by multiple examiners. . . . [B]ecause the only claims asserted in this case are involved in reexamination, disposition of the appeal adversely to [plaintiff] will likely resolve the issues in this case - [plaintiff] unequivocally admits that it does not intend to amend the claims at issue."

Full post as published by Eastern District of Texas Federal Court Practice on August 31, 2009 (boomark / email).