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Judge Burke grants motion to stay pending inter partes review filed by GoPro, Inc.

Plaintiffs Contour IP Holding, LLC and Ion Worldwide, Inc. filed this action alleging infringement of their patents relating to “a wearable digital video camera equipped with a wireless connection protocol and having the capability to provide remote image acquisition control and viewing.”  Contour IP Holding, LLC, et al. v. GoPro, Inc., No. 15-1108-LPS-CJB (D. Del. Jul. 14, 2016).  GoPro previously filed IPR petitions (after it was sued on these patents in Utah) that were instituted by the PTAB, with final decisions are expected October 28, 2016.  Id. at 2.  Judge Burke granted the motion finding that the potential for simplification of issues was high as nearly every asserted claim was at issue in the IPR proceeding and the estoppel will apply to GoPro, as the petitioner.  Id. at 5.  Furthermore, the case was in its early stages and Plaintiffs will not suffer undue prejudice because the IPRs were filed prior to the commencement of this litigation and the parties are not direct competitors.  Id. at 6-8.  Judge Burke also found that “Plaintiffs’ own actions [] stymied the process of having their rights in the asserted patents timely adjudicated” by merging companies and transferring rights in the patents that led to the dismissal of the Utah case and subsequent filing of this action.  Id. at 9.

Contour IP Holding, LLC, No. 15-1108-LPS-CJB

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