Judge Connolly Grants Defendants’ Motion To Stay Patent Infringement Action In District Court Until Final Resolution Of ITC Investigation

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Fox Rothschild LLPBy Memorandum Order entered by The Honorable Colm F. Connolly in Advanced Micro Devices, Inc. et al. v. MediaTek Inc. et al., Civil Action No. 19-70-CFC (D.Del. August 29, 2019), the Court granted Defendants’ motion to stay the district court patent infringement action alleging that Defendants were infringing U.S. Patent Numbers 7,633,506 (“the ‘506 patent”) and 7,796,133 (“the ‘133 patent”) pending final resolution of the United States International Trade Commission’s (“ITC”) Investigation No. 337-TA-1044. Defendants are also parties to the ITC investigation. The ITC issued a notice, on August 22, 2018, that announced that the investigation was terminated and that the ITC had “determined to affirm” an Administrative Law Judge’s final Initial Determination that Defendants infringe the ‘506 patent and do not infringe the ‘133 patent. Id. at*1-2. Defendants appealed the ITC’s determination that Defendants infringe the ‘506 patent to the Federal Circuit and, thereafter, filed a motion to stay the district court case “until the final resolution” of Investigation No. 337-TA-1044. Id. at *2.

Upon consideration, the Court decided to exercise its discretion and grant Defendants’ motion to stay. Id. at *4-7. In doing so, the Court determined that a stay would (1) likely simplify the issues in question and trial of the case; (2) promote judicial economy and minimize burdening third parties; (3) not cause undue delay since discovery has not begun, no trial date has been set and there is no scheduling order in place; and (4) not cause undue prejudice to Defendants. Id.

A copy of the Memorandum Opinion is attached.

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