Stay is not warranted despite claim of financial hardship
Aerocrine AB and Aerocrine Inc. v. Apieron Inc., Civ. No.08-787-LPS, March 30, 2010.
Stark, M. J. Defendant’s motion to stay due to financial hardship is denied.
Defendant’s financial outlook took a downturn and defendant moved to stay the litigation in order to prevent the sale of a desired asset and avoid bankruptcy proceedings. Plaintiff prefers to proceed risking a bankruptcy filing, arguing it would be harmed by continuing infringement and delay of resolution of this matter which has already been pending for several years and noting defendant is asserting infringement against plaintiff in a related European action. Under these facts, the court determines that a clear case of hardship or inequity in being required to go forward and denies the motion to stay.
