Federal Judiciary

Motion for Stay Denied in "only if" case on remand

By Michael Smith

02 Micro Intern. Ltd. v. Beyond Innovation Technology Co., Ltd., 2008 WL 4809093 (E.D.Tex.,2008)

Judge: T. John Ward.

Holding:  Motion for Stay Denied

On May 15, 2006, a jury in this case found that defendants willfully infringed claims 1, 15, 35, and 39 of the ?615 patent, claims 12 and 16 of the ?722 patent, and claims 13, 16, and 17 of the ?129 patent, all of which are owned by Plaintiff O2 Micro International Ltd.. Judge Ward entered a final judgment and permanent injunction against the defendants on March 21, 2007. On appeal, the Federal Circuit found that the Court had failed to resolve a fundamental dispute regarding the scope of the claim term ?only if,? and therefore vacated the jury verdict, the final judgment of infringement, and the permanent injunction, remanding the case back to this Court. O2 Micro Intern. Ltd. v. Beyond Innovation Technology Co., Ltd., 521 F.3d 1351 (Fed.Cir.2008).

Defendants now asked Judge Ward to stay this litigation pending reexaminations of the patents by the USPTO, as well as a pending appeal from related litigation in the Northern District of California. Judge Ward denied the motion to stay litigation for the reasons expressed in the opinion, which I won't detail here.

Full post as published by Eastern District of Texas Federal Court Practice on November 10, 2008 (boomark / email).