Stay pending reexam request is granted
Enhanced Security Research LLC, et al. v. Juniper Networks Inc., C. A. No. 10-605-LPS, December 27, 2010 (Mem. Order).
Stark, J. Defendant’s motion to stay litigation pending reexamination proceedings is granted.
Plaintiffs filed this lawsuit on July 15, 2010 claiming infringement of two patents relating to intelligent network security devices and methods. The motion to stay was filed August 20, 2010, and briefing on that motion was completed September 17, 2010. On September 29, 2010, pursuant to a request by a party in a related action, the PTO granted a request for inter partes reexamination of all 19 claims of one patent-in-suit. The PTO rejected all claims of that patent on September 29, 2010. Defendant argues that the stay should be granted because the related action is stayed. The court agrees. Permitting plaintiff to pursue claims against one defendant while the litigation is stayed as to ten other defendants would prevent the court from consolidating the actions. Further, the plaintiff offered no persuasive basis to distinguish this case from the related matters. While the decision to stay the related cases was a “close call,” the present litigation is at an earlier stage with no scheduling order in place. Plaintiff will not be prejudiced by the stay in this action.
