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Analysis of Orders Imposing Conditions on Stays Pending Reexamination

By Michael Smith

Many, if not most regular readers of this weblog also read Patent Happenings by the attorneys at Latimer, Mayberry & Matthews IP Law, LLP.  I just received the May 2008 issue, located here and there is a good analysis the issues surrounding orders conditioning a stay pending reexamination on the defendants accepting certain conditions.  The case analyzed is Judge Folsom's recent order in Premier Intern. Associates LLC v. Hewlett-Packard Co., 2008 WL 2138158 (E.D. Tex. May 19, 2008), but the analysis is not one I've seen elsewhere, and I commend it to readers' attention if you're interested in the topic (and let's face it - who isn't?). The current issue of pH isn't yet available on their website, but is no doubt available from Bob Matthews so feel free to harass him for a copy.

Full post as published by Eastern District of Texas Federal Court Practice on June 02, 2008 (boomark / email).