Sorensen v Giant International

Amended Motion for Reconsideration of Joint Order Entering Stay in Sorensen Cases


Plaintiff patent holder requests reconsideration of a stay order continuing stay of 18 infringement suits for another year after 2+ year stays pending reexamination of the subject patent by the USPTO.

The motion addresses:

1. An impermissible switching of burdens of proof for issuance of stay, and for invalidity of patents;

2. Immoderate and indefinite stays contrary to Landis v. No. American Co., 299 U.S. 248 (1936);

3. Constitutional rights of access to judicial process and that lengthy delay ignores plaintiff's interest in bringing case to trial; and

4. A district court cannot stay a patent infringement case on the erroneous legal conclusion that proceeding would result in an advisory opinion.

This motion relates to 18 patent infringement cases involving patent holder Jens Erik Sorensen, as Trustee of Sorensen Research and Development Trust, and accused infringers Acco Brands, Big Lots, DMS Holdings, Emerson Electric, Emissive Energy, Fein, Giant International, Helen of Troy/OXO, Human Touch, Informatics, Kyocera, Metabo, Motorola, Rally, Ryobi, Spectrum Brands, Sunbeam, Target, and others.

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Published In: Civil Procedure Updates, Civil Rights Updates, Constitutional Law Updates, Intellectual Property Updates

Reference Info:Pleadings | Federal, 9th Circuit, California | United States