Possible claim splitting stays litigation
Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., Civ. No. 08-309-JJF-LPS, July 9, 2009.
Stark, M. J. Decision on cross motions for summary judgment is deferred pending ruling in earlier action.
Pending are cross motions for summary judgment with respect to certain accused products which were adjudged in an earlier litigation to infringe two of the same patents that are at issue in this litigation. Defendants argue that the instant suit constitutes impermissible claims splitting and that they are entitled to judgment with respect to matters that were at issue in the earlier litigation. Plaintiff argues that it is entitled to summary judgment on infringement. The Magistrate agrees with defendants that at least part of the instant case would appear to be duplicative of the earlier action. Even if that is not the case, the issues are similar enough to warrant a stay of that portion of the instant action. The parties are directed to advise the Court as to their joint proposal for proceeding with the instant action after judgment is entered in the earlier action.
