Stay pending reexamination is granted
Enhanced Security Research, LLC, et al. v. Cisco Systems, Inc., et al., C. A. No. 09-571-JJF, June 25, 2010.
Farnan, J. Plaintiffs’ motion to consolidate cases is denied as moot. Defendant’s motion to stay pending outcome of reexamination proceedings is granted. Defendant’s motion to supplement the record on its motion to stay is denied.
In May, 2009, plaintiff filed its first action against multiple defendants. (09-390-JJF). That action was dismissed after a finding that plaintiff did not have the requisite standing to sue. Plaintiff’s motion to consolidate this second action with the first is therefore denied as moot. The court concluded that supplementation of the arguments will not enhance the court’s consideration of the arguments and therefore denies the motion to supplement. The court grants the motion to stay pending reexamination. No trial date has been set and discovery is incomplete. It notes that every claim of both patents-in-suit is currently being reexamined, and that the PTO has already issued an office action rejecting all claims of the ‘975 patent. Inter partes reexamination was granted on one patent in view of 30 prior art references, and on the second patent in view of 15 references. The court finds there is a strong likelihood the stay will simplify invalidity defenses. As to prejudice in granting the stay, the court notes that the patents do not expire until 2016. Although this is a close call, the competing interests favor a stay.
