Intellectual Property Law

Leonard P. Stark: Stay Pending Reexamination Granted

By Karen E. Keller, Andrew A. Lundgren et al.

District Judge Leonard P. Stark issued a decision on Monday staying an infringement action in favor of two pending reexamination proceedings. The Court noted that a related Delaware action, which involves the same plaintiffs asserting the same patents against different defendants, has already been stayed. Given this circumstance, the Court highlighted the judicial economy concerns of allowing the second action to proceed:

"Permitting Plaintiffs to pursue their claims against [defendant], while their essentially identical action against the ten other defendants in the related action is stayed, would undermine judicial economy. Such a course of action would deprive the Court of the opportunity to consolidate the related actions for discovery, Markman proceedings, motions practice, and, possibly, trial."

Enhanced Security Res. LLC v. Juniper Networks Inc., C.A. No. 10-605-LPS (D. Del. Dec. 27, 2010) (Stark, J.).

Full post as published by Delaware IP Law Blog on December 29, 2010 (boomark / email).