Stay pending reexam is denied

Posted on February 24, 2009 by Morris James LLP

Power Integrations, Inc. v. Fairchild Semiconductor Intl. Inc., et al., Civ. No. 08-309-LPS, December 19, 2008.

Stark, M. J.  Defendants’ motion to stay the litigation pending reexamination is denied.

This action was filed in May, 2008.  Previously, in April, 2008, the PTO issued an initial office action rejecting four of the disputed claims in this lawsuit and denying an ex parte request to reexamine the remaining disputed claim.  A final rejection issued on the four disputed claims.  The Court declined to stay noting the lengthy litigation history of some of the claims at issue here.  Additionally, not all of the patent claims at issue in the litigation have been rejected by the PTO.
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