Judge Stark recently denied a plaintiff’s motion to stay pending the resolution of CBM review. Securebuy, LLC v. Cardinal Commerce Corp., C.A. No. 13-1792-LPS (D. Del. Mar. 21, 2014). The Court found that each of the factors (whether a stay would simplify issues; whether discovery is complete and a trial date set; whether a stay would unduly prejudice the non-moving party; and whether a stay would reduce the burden on the Court and parties) weighed against granting a stay. In this case, the petition for CBM review had not yet even been granted, and the Court found that CBM review would not involve all invalidity issues before the Court (or infringement), discovery was under way and trial scheduled to be held within 5 months, and a stay would prejudice the defendant without reducing the burdens on either the Court or the defendant. Accordingly, the Court denied the motion to stay.
Securebuy, LLC v. Cardinal Commerce Corp., C.A. No. 13-1792-LPS (D. Del. Mar. 21, 2014).
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