Federal Judiciary

Motion for Stay Pending Reexamination Granted

By Michael Smith

Microlinc, LLC v. Intel, 2:07cv488 (E.D. Tex. 9/16/08)
Judge: T. John Ward
Holding: Motion for Stay Pending Reexamination GRANTED
"This case presents an exceptional set of circumstances warranting stay," Judge Ward wrote, adding that "[t]his is not the typical case where a defendant puts the asserted patent in reexamination for tactical reasons.  Here the plaintiff put the patent in reexamination and then filed the suit."  (Emphasis in original).  In this case the plaintiff had filed a patent infringement case, then dismissed that action and filed for reexamination, which resulted in a rejection of nine of the ten claims it had asserted in the original suit.  The plaintiff then filed a new patent case asserting the same patent.
"Clearly not staying this case in light of the state of the reexamination would unduly prejudice the non-moving party," Judge Ward held.  "The defendants? concerns about being subjected to another suit involving the same patent after the reexamination is justified."

Full post as published by Eastern District of Texas Federal Court Practice on September 18, 2008 (boomark / email).