Stay pending appeal of infringement judgment is denied in continuing infringement action
St. Clair Intellectual Propety Consultants, Inc. v. Fujifilms Holding Corporation, et al., Civ. No. 08-373-LPS, January 27, 2009.
Stark, M.J. Defendants’ motion to stay second action pending appeal of first related action is denied.
This is the second of two actions brought by plaintiff against defendants and involves the same patents-in-suit. The first resulted in a $3 million jury verdict against the defendants. The second suit seeks damages for infringement from the end of the period in the first litigation through the present. No stay is warranted here where defendants have been adjudged infringers and the prejudice in delay to plaintiff is significant. The prospect of litigating an appeal of the first action while litigating this action does not rise to the level of hardship that would justify the imposition of a stay.
