Judge Richard G. Andrews recently issued an order granting a defendant’s motion to stay pending inter partes reexamination following the PTO’s rejection of all relevant independent claims and issuance of a Right of Appeal Notice. Riverbed Technology Inc. v. Silver Peak Systems Inc., C.A. No. 11-484-RGA (D. Del. Sept. 11, 2013). The plaintiff had indicated that it did not wish to proceed with litigation on the lone asserted patent that was not subject to the reexamination proceeding. As Judge Andrews explained, “[w]ithout going into great detail, simplification favors a stay.” The Court added that while the plaintiff would be prejudiced by a stay because the parties are competitors, the prejudice would not be undue.
Riverbed Technology Inc. v. Silver Peak Systems Inc., C.A. No. 11-484-RGA (D. Del. Sept. 11, 2013).
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