Princeton Digital Image Corporation v. Konami Digital Entertainment Inc., et al., C.A. No. 12-1461-LPS-CJB; Princeton Digital Image Corporation v. Ubisoft Entertainment SA, C.A. No. 13-335-LPS-CJB, January 14, 2015.
Burke, M.J. Plaintiff’s motions to lift stay in both actions are denied.
These cases were filed in November, 2012 and February, 2013. The judge referred all pretrial matters to the magistrate. On November 15, 2013, a request for inter partes review was filed. The court granted a stay on January 15, 2014. In April, 2014 a second IPR was requested. Only three of the patent-in-suit’s 23 claims are not currently under review. The court denies the request to lift the stay. It notes that the case for staying these proceedings is even stronger now than when the first order issued since now review has been granted as to all but three claims, and the “simplification of issues” factor is thus stronger. With respect to the “undue prejudice” factor, the additional delay caused by the additional of the second IPR favors plaintiff’s request to lift the stay. However, mindful of the strength of defendants’ positions as to the other subfactors, the court determines that the “undue prejudice” factor has become neutral.