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Judge Robinson denies motion to stay pending reexamination

Judge Sue L. Robinson recently denied defendants’ renewed motion to stay pending reexamination pending since September 14, 2012 and “with no predictable end in sight.”  Carrier Corporation v. Goodman Global, Inc., et al., No. 12-930-SLR (D. Del. Apr. 11, 2016).  In denying the motion, Judge Robinson noted: “Given that it was defendants’ choice to opt for inter partes reexamination rather than inter partes review (available as of September 17, 2012), I see no reason to revisit my prior decision to conclude the litigation.”  Id.  at 1.  Judge Robinson previously granted defendants’ motion for a new trial because of improper statements made by plaintiff’s counsel during closing argument.  For the upcoming new trial, Judge Robinson declined to revisit the Court’s original decision to bifurcate willfulness and damages, noting that “this case is the poster child for bifurcation in terms of the complexity (created by the parties) of the liability issues[.]”  Id. at 2.

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