Chief Judge Stark Denies Defendants’ Motion to Stay and Plaintiff’s Motion for Leave to File a Seconded Amended Complaint

December 19, 2017

Publication| Intellectual Property

In Plastic Omnium Advanced Innovation & Research v. Donghee America, Inc., C.A. No. 16-187-LPS (D. Del. Oct. 27, 2017), Chief Judge Stark denied the defendants’ motion to stay the case pending inter partes review of several asserted patents. The Court noted that no IPR had yet been instituted, and at least one asserted patent was not challenged in any IPR. In light of the fixed trial date and since Markman proceedings would soon be completed, Chief Judge Stark further concluded that neither the status of the litigation nor the possibility of simplification favored a stay, and whether a stay would unduly prejudice the plaintiff was neutral.

The Court additionally denied the plaintiff’s motion to amend the complaint a second time, as the Court was not persuaded that good cause existed to amend the scheduling order and found that any amendment would likely be futile.

Key Point: In denying the motions to stay the case pending inter partes review, Chief Judge Stark noted that the IPR would not resolve in full all of the claims in the case.

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