Litigation is stayed pending inter partes reexamination

Neste Oil Oyj v. Dynamic Fuels, LLC, et al., C.A. 12-662-GMS, January 31, 2013

Sleet, J.  Defendants’ motion to stay is granted.

On August 17, 2012,one defendant filed a request for inter partes reexamination. Defendants then moved to stay litigation pending the PTO’s reexamination. The motion was granted. The reexamination request was filed less than three months after this case was filed, and the stay motion was filed only five days later. A stay will serve the interests of judicial efficiency as the potential exists for reexamination to significantly narrow the issues before the court.

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