Helios Software, LLC, et al. v. SpectorSoft Corporation, C.A. No. 15-20–LPS-CJB, March 25, 2015.
Burke, M. J. Defendant’s motion to stay pending entry of judgment in a related case is granted. Plaintiff’s request to enjoin defendant from initiating post-grant review is denied.
A 5-day trial in the related case is set to begin on June 15, 2015. The patent in this case is a continuation of the patent-in-suit in the related case. Thus, a stay could provide some degree of simplification, such as invalidity issues. Plaintiffs do not contest a stay is warranted until some time after that June trial. This case, in its infancy, also supports a stay. The parties dispute the termination of the stay. Plaintiffs argue for a date certain after the trial concludes, and defendant argues for a time after judgment has been entered. The court is unwilling to stay for an indeterminate length of time. The stay will extend to August 28, 2015, and the parties are to file by July 24 a joint letter to advise the court whether either party intends to move to extend the stay at that point. Plaintiff’s request to enjoin defendant from initiating post-grant review is defective as it violates Local Rule 7.1.2 and plaintiff has provided no authority indicating the court has power to grant that request.