In a recent order, Judge Richard G. Andrews denied defendant’s motion to stay the litigation for “at least six months.” Microsoft Corporation v. Robocast Inc., C.A. No. 13-313-RGA (D. Del. Jun. 18, 2013). The instant action is related to another action—C.A. No. 10-1055 (the “main case”)—in which defendant is alleging patent infringement. As Judge Andrews explained, the main case is “likely to be tried in or near March 2014,” whereas the instant action is not likely to be scheduled for trial “any earlier than 2015.” Id. at 1. Defendant’s main argument in support of its motion for stay was that the instant action would “in all likelihood be resolved by the resolution of the main case.” Defendant further asserted that “it will take six months to see if the alleged infringing activity has any potential to make money.” Id.
Judge Andrews first noted that “both parties’ actions in this case seem to be motivated mostly by their perceived impact on the main case,” as the “[t]he potential economic consequences of this case are dwarfed by those of the main case.” Id. On the one hand, as Judge Andrews explained, he “would not normally stay [claims] of the nature presented by this case, as their interrelationship with the claims of the main case means that they all ought to go forward together.” Id. On the other hand, Judge Andrews acknowledged that defendant did not delay in making its request, the “stay would likely result in simplification of the issues,” and the stay would not “in actuality prejudice [plaintiff].” Id. at 1-2. Ultimately, Judge Andrews concluded that “the allegation of this case is the defendant is infringing [plaintiff’s] patent, and, while the economic consequences may be miniscule, I think on balance that this case too should proceed ahead.” Id. at 2.