Earlier this week, Chief Judge Gregory M. Sleet granted defendants’ motion to stay litigation pending the outcome of inter partes review of the patents-in-suit. HumanEyes Technologies Ltd. v. Sony Corp., C.A. No. 12-398-GMS (D. Del. Dec. 2, 2013). The defendants filed the inter partes petitions five months after termination of a parallel ITC action, and the motion to stay three weeks after the petitions. Id. at 2 n.4. As such, Judge Sleet found no evidence that defendants were seeking an unfair tactical advantage. Moreover, because the parties are not direct competitors and HumanEyes can be adequately compensated for any delay by money damages, Judge Sleet found that plaintiff was unlikely to suffer prejudice due to the stay. Id. Also, because the case was in its early stages and because the Patent Trial and Appeal Board granted defendants’ petitions, the inter partes review proceedings will likely simplify issues in the case and “advance the interests of judicial economy.” Id. at 2 & n.5.
Humaneyes Technologies Ltd. v. Sony Corp., C.A. No. 12-398-GMS (D. Del. Dec. 2, 2013)
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