Posted On: January 17, 2013 by Pilar G. Kraman

Judge Sleet grants Oracle's request to intervene and stay case pending outcome of Oracle's later-filed declaratory judgment action

Judge Gregory M. Sleet recently granted Oracle's Motion to Intervene and Stay Advanced Dynamic Interfaces, LLC's litigation against Aderas Inc., et al. pending the disposition of Oracle's declaratory judgment action against Advanced Dynamic Interfaces. Advanced Dynamic Interfaces, LLC v. Aderas Inc., C.A. No. 12-963-GMS (D. Del. Jan. 11, 2013). Judge Sleet found that Oracle filed its declaratory judgment action after learning of this litigation and received "requests for indemnification from its customers that ADI named as defendants." Id. at 2 fn.1. Because the Court had yet to initiate a scheduling conference and discovery had yet to begin, Judge Sleet determined that Oracle's motion was timely. The Court determined that because Oracle is the "designer, developer, and licensor" of the accused products, and Oracle's interests could not be adequately represented by the existing parties, Oracle demonstrated that intervention was appropriate. Id. And, because the case was in its infancy, staying this case pending Oracle's declaratory judgment action was appropriate. Id. at fn.2

Adavanced Dynamic Interfaces, LLC v. Aderas Inc., C.A. No. 12-963-GMS (D. Del. Jan. 11, 2013) by