Guest Post by Pilar Kraman:
Although recent cases in the District of Delaware have involved the denial of motions to stay pending reexamination, on February 24, 2009, Judge Sleet granted the defendants’ Motion to Stay Pending Inter Partes Reexamination. Wall Corp. v. BondDesk Group L.L.C., C.A. No. 07-844-GMS, Order (D. Del. Feb. 24, 2009). The Court noted that the only factor weighing against granting the stay was the delay caused by the reexamination. However, the Court found that “this delay does not, by itself, amount to undue prejudice.” Factors weighing in favor of the stay included: (1) the filing of the motion early in the case, and (2) that the defendant would be “estopped from making the same invalidity arguments that it makes to the PTO . . . in this case, because the reexamination is inter partes.” Id. at 2.
Wall Corp. v. BondDesk Group L.L.C., C.A. No. 07-844-GMS, Order (D. Del. Feb. 24, 2009).