Stay pending reexamination is refused
Cooper Notification, Inc. v. Twitter, Inc., et al., Civ. No. 09-865-LPS, December 13, 2010.
Stark, J. Defendants’ motion to stay pending reexamination is denied.
The disputed technology relates to systems and methods for messaging to multiple gateways. The court found that a showing of hardship or inequity was an absolute requirement for granting a stay. This case involves matters, many of which will not be resolved during reexamination. Plaintiff has stated it will not amend its claims during reexamination. Discovery has just begun and trial is 20 months away. Rescheduling is a challenge due to the court’s heavy docket. The reexamination request was granted only three weeks ago. Inter-partes reexams have an average pendency of 36 months. Staying the case would effectively give defendants their choice of forum over plaintiff. The court is further reluctant to stay where, as here, the parties are direct competitors.
