Patent infringement action is stayed pending ex parte reexamination

Posted on November 15, 2011 by Kenneth L. Dorsney

Mission Abstract Data L.L.C., d/b/a Digimedia v. Beasley Broadcast Group, Inc., et al., Civ. No. 11-176-LPS, November 14, 2011.

Stark, J.  Motion to stay is granted.

On March 2, 2011, plaintiff initiated this patent case involving the selection and retrieval of music from a digital database.  On July 27, 2011, a non-party filed a request with the PTO for ex parte reexamination.  On the same day, the defendants moved to stay the case pending the reexamination.  The PTO granted reexamination on October 7, 2011.  Oral argument on the defendants’ motion to stay was held October 27, 2011.  A stay of the case pending resolution of the ex parte reexamination was warranted, as litigation is in the early stages and the reexamination might simplify the issues.
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