Judge Burke Finds Stay of Litigation Pending Early Motions Unnecessary

Magistrate Judge Burke recently denied a defendant’s request to stay a patent infringement case against it pending resolution of its motions to dismiss the case and motion to transfer to the Northern District of California. As Judge Burke explained, “all that has occurred pursuant to the Scheduling Order in the case is that the parties have made some basic initial disclosures,” and “the Court expects to resolve Defendant’s motion to transfer in the near future . . . well before Defendant is required to provide more substantive contentions, and so the Court does not find Defendant’s simplification-related arguments persuasive.” Papst Licensing GMBH & Co. KG v. Lattice Semiconductor Corp., C.A. No. 14-1375-LPS-CJB, Memo. Or. at 1-2 (D. Del. Aug. 3, 2015). Additionally, Judge Burke found that denying the motion to stay would not significantly prejudice any party and would allow the case to proceed on the same schedule as two related cases, each of which also had a similar motion to transfer. Id. The denial was, however, with leave to renew because the Court intended to “address the stay issue again with the parties” once Judge Burke had resolved the motions to transfer. Id. at 2-3.

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