Court stays the course on briefing issue
St. Clair Intellectual Property Consultants, Inc. v. Samsung Electronics Co., LTD., et al., Civil Action No.04-1436-LPS, February 4, 2010.
Stark, M. J. Defendants' Motion for Reconsideration of December 28, 2009 Order Staying Briefing on Defendants' Motion to Stay and Motion to Certify is denied.
Defendants filed a Motion for Reconsideration of the Court's December 28, 2009 Order Staying Briefing on Defendants' Motion to Stay and Motion to Certify (D.I. 657). In denying the Motion, the Magistrate concludes that the pending Appeal of Judge Farnan’s construction in Fujifilm I does not alter the previous Order Staying Briefing. Moreover, Judge Farnan is currently considering fully-briefed Objections to the claim construction Report, which recommends that Judge Farnan adhere to his previous Fujifilm I construction. How Judge Farnan rules on the Objections will have implications for whether the impending motions are pressed and the factors that must be considered. The Magistrate reasons that greater efficiency will be achieved by delaying briefing of the Motion to Certify until after Judge Farnan rules on the pending Objections rather than by requiring briefing now on a certification request that may be withdrawn if Judge Farnan sustains certain Objections.
