In a recent memorandum order in Round Rock Research LLC v. Dole Food Co. Inc., et al., C.A. Nos. 11-1239 (Dole), 11-1241 (Gap), 11-1242 (Hanesbrands) (RGA) (D. Del. Apr. 6, 2012), Judge Andrews granted the defendants’ motions to stay pending ex parte reexamination, finding that the posture of the litigation was “pretty close to the classic case for granting a stay[.]” Id. at 6. The Court explained that the plaintiff was a non-practicing entity seeking only monetary damages, discovery had not yet begun and there was no trial date in place, most of the claims likely to be asserted could be affected by the outcome of reexamination, and claim construction could be informed by the additional prosecution history resulting from the reexamination. Id. at 3. On balance, the Court explained, “[t]he prejudice to the Plaintiff, including any tactical disadvantage, is not great, and the other factors all clearly weigh in favor of granting the stay.” Id. at 6.
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