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Judge Burke grants motion to stay pending reexamination that was filed prior to court entering scheduling order in the case

Judge Burke recently considered defendant RadioShack’s motion to stay plaintiff Ever Win’s patent infringement litigation pending the USPTO’s reexamination of the patent-in-suit. Ever Win International Corp. v. RadioShack Corp., C.A. No. 11-1104-GMS-CJB (D. Del. Oct. 9, 2012). RadioShack filed its request for reexamination in the PTO, and once granted by the PTO, its motion to stay pending reexamination, while the case was still in its infancy and prior to the Court entering a case scheduling order. In weighing the relevant factors to determine whether a stay was appropriate, Judge Burke concluded that the current status of the litigation “strongly favor[ed] a stay.” Id. at 13. Judge Burke noted that “[t]his Court is more likely to grant stays early in a case because they are more likely to advance judicial efficiency and maximize the likelihood that neither the Court nor the parties expend their assets addressing invalid claims.” Id. at 7. Regarding prejudice, the only aspect of this factor that weighed in Ever Win’s favor was the fact that the reexamination proceedings had just begun, resulting in a lengthy delay of resolution of the litigation. Id. at 10-11. Furthermore, because Ever Win never sought a preliminary injunction, “any prejudice to [Ever Win] that might result from delaying the ultimate resolution of this dispute is not as severe as [Ever Win] contends.” Id. at 13.


Ever Win International Corp. v. RadioShack Corp., C.A. No. 11-1104-GMS-CJB (D. Del. Oct. 9, 2012)

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