Sorensen v. Ryobi

Plaintiff's Memorandum in Support of Motion to Terminate Immoderate and Unlawful Stay


A stay is immoderate and unlawful “unless so framed in its inception that its force will be spent within reasonable limits” and “once those limits have been reached, the fetters should fall off.” Landis v. No. American Co., 299 U.S. 248, 257 (1936).

This case has been effectively stayed since its inception almost two years ago. The patent reexamination proceeding, which has been pending for well over two years and upon which this stay is based, has recently taken a new turn essentially returning the procedure to square one. The recent issuance of a second, non-final, office action by the PTO raising entirely new issues not previously addressed in the prior office action reveals that the reexamination is not on target to be completed anytime soon.

More than a reasonable amount of time has passed; continued stay is immoderate and unlawful, and runs afoul of Plaintiff’s fundamental rights under the U.S. Constitution. Furthermore, Federal Circuit precedent prohibits district courts from using their inherent discretion to manage cases to require patent-holders to involuntarily submit to reexamination proceedings prior to litigating a patent. Continued stay is the equivalent of requiring the Plaintiff/Patentee to involuntarily submit to completion of reexamination proceedings prior to litigating the’184 patent.

(document written jointly with Patricia A. Shackelford and J. Michael Kaler)

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Pleadings | Federal, 9th Circuit, California | 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.

© Melody A. Kramer, Legal Greenhouse | Attorney Advertising

Written by:


Legal Greenhouse on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.