Motion To Stay In Light Of Reexamination Granted Where Reexamination Was Filed Before Lawsuit Was Filed and Parties Were Not Competitors

In Vehicle IP, LLC v. Wal-mart Stores, Inc., No. 10-503-SLR, 2010 U.S. Dist. LEXIS 123493 (Del. Nov. 22, 2010), Judge Robinson granted the defendants’ motion to stay the case pending reexamination. Judge Robinson determined that several factors weighed in favor of granting the stay including, but not limited to, that the litigation was in its infancy, that the reexamination would help simplify multiple disputes that relate to the patents in suit, and that the reexamination had been requested before the suit was filed. Judge Robinson further emphasized that “[o]f particular importance is the fact that plaintiff does not develop or sell any products of its own and is not a competitor of defendants. … Since the parties do not compete, this factor favors a stay.” Id. at *6 – *7.

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RatnerPrestia Delaware IP Litigation Insight provides updates on IP litigation practice in the District of Delaware, one of the most active patent courts in the United States. It is published electronically three times per year. Included in each issue are summaries of news and important legal decisions – both procedural and substantive – coming out of the district in the preceding four months.