Balance of the equities warrants denial of motion to stay pending reexamination

Walker Digital, LLC., v. Google, Inc., et al., C.A. No. 11-309-SLR, April 11, 2013.

Robinson, J.  Plaintiff’s motion to file amended complaint is denied.  Defendant’s motion to stay pending reexamination is denied.

Plaintiff moved for leave to file a first amended complaint.  The motion was denied.  Plaintiff’s assertions in support of amendment are insufficient at this stage of the case to demonstrate good cause under Akamai.  Defendant’s motion to stay pending reexamination is denied.  The judicial process has proceeded far enough that a stay would unduly prejudice plaintiff.  The parties were engaged in summary judgment briefing and trial was scheduled to commence in fall of 2013.

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