Motion to lift stay pending reexam after 2 ½ years fails
Automotive Technologies Int’l, Inc. v. American Honda Motor Co., et al., C.A. No. 06-187-GMS, September 15, 2009.
Sleet, C. J. Plaintiff’s motion to lift the stay pending reexamination is denied.
Honda defendants sought reexamination of 8 of the 12 patents-in-suit on November 27, 2006. A joint motion to stay pending reexam was granted on February 23, 2007. On October 28, 2008 plaintiff moved to lift the stay. Briefing was completed on December 1, 2008. Plaintiff argues that stay is no longer warranted because the PTO has reissued 2 of the patents-in-suit and decided at least 51 of the patent claims. Defendants note that since thus far all of the asserted claims have been either rejected or amended by the PTO, further reexam will likely continue to narrow the issues. The court notes that reexam is still underway for 6 of the 8 asserted patents. Reexam of the remaining claims will likely affect this court’s claim construction and simplify infringement and validity issues, conserve the court’s and the parties’ resources.
