Sorensen v. Helen of Troy Texas Corporation; OXO International Ltd., et al

Memo of Points & Authorities - Motion for Leave to Proceed with Litigation on Patent Claim That is Not Subject to Reexamination


Plaintiff patent-holder seeks leave to proceed with a single claim of a patent while other claims of the patent are involved in ex parte reexamination proceedings before the United States Patent and Trademark Office (USPTO).

Sorensen v. Helen of Troy, et al is a patent infringement case that has been stayed pending reexamination in the United States Patent and Trademark Office for over two years and since very early stages in the case. In December 2009, the district court, although "denying" a motion to terminate immoderate and unlawful stay, ordered that stay be lifted on April 30, 2010. However, before stay actually lifted, the Court reinstated stay for another year. However, in a status conference before the Court, the Court invited Plaintiff patent-holder to move to proceed on one of the patent claims that is not subject to reexamination. The posted Memorandum sets forth this request (which was subsequently granted - see Order posted separately).

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Reference Info:Pleadings | Federal, Federal Circuit, Patent | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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