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Judge Andrews Lifts Stay Pending Reexamination

Judge Richard Andrews has lifted a stay pending reexamination of patents-in-suit in several pending cases filed by Pragmatus Telecom LLC. Judge Andrews noted that two of three patents-in-suit are now free of reexam and the third had survived significant steps of reexam. Essentially, “reexamination proceedings are over, unless [the defendants’ supplier] appeals the inter partes decision on [the third patent.]” Accordingly, Judge Andrews found, “the basis for granting a stay pending re-examination is eroding away” and there “is nothing of significance to be gained by keeping the stay in place.” Judge Andrews also denied the plaintiff’s request to strike the defendants’ response, which “appears to go out of its way to impugn the Plaintiff’s behavior and to label it a ‘troll.’” While this language “should have been avoided,” Judge Andrews denied by request to strike because he does not “generally believe in redacting or rewriting history.” Pragmatus Telecom LLC v. Alcatel-Lucent USA, Inc. et al., C.A. No. 12-1534-RGA, Order at 1-2 (D. Del. July 3, 2013).

Pragmatus Telecom LLC v. Alcatel-Lucent USA, Inc. et al., C.A. No. 12-1534-RGA, Order (D. Del. July 3, 2013…

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