Motion to Stay Pending Reexamination Granted

Unibind Ltd. et al. v. Provo Craft and Novelty, Inc. 1:08-cv-03713 (N.D. Ga. Feb. 27, 2009) (Evans, J.)

Judge Evans granted the Defendants’ Motion to Stay the litigation pending reexamination of the patent-in-suit. The request for reexamination was filed by the Defendant shortly after the Plaintiff filed its complaint in this action.

The Court found that all three factors for evaluating whether a stay should be granted weighed in favor of a stay. First, any prejudice to the Plaintiff due to delaying litigation could be remedied by monetary damages. Second, a stay would simplify the issues in this case through the PTO’s analysis of the patent. Third, discovery had not yet begun.

The Court deferred ruling on whether the Defendant should be precluded from making invalidity arguments based on references it submitted during the reexamination proceeding.