Sorrell Holdings LLC v. Infinity Headwear & Apparel, LLC

Filing 68

ORDER granting 67 Motion to Stay. (See Order for specifics.) Signed by Honorable Barry A. Bryant on January 3, 2019. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION SORRELL HOLDINGS, LLC vs. PLAINTIFF Case No. 4:16-cv-04019 INFINITY HEADWEAR &APPAREL, LLC DEFENDANT ORDER Plaintiff Sorrell Holdings, LLC ("Sorrell") and Defendant, Infinity Headwear & Apparel, LLC ("Infinity"), have filed a Joint Motion to Stay Pending Ex Parte Reexamination. ECF No. 67. The parties have consented to the jurisdiction of a United States Magistrate Judge to conduct any and all proceedings in this case, including conducting the trial, ordering the entry of a final judgment, and conducting all post-judgment proceedings. ECF No. 33. After considering this Motion, the Court finds it should be GRANTED and finds as follows: 1. All deadlines in this action shall be stayed pending the ex parte reexamination of U.S. Patent No. 6,887,007 (the “patent-in-suit”) with the United States Patent and Trademark Office (“PTO”) until further order of the Court. 2. Infinity shall not challenge the validity of the patent-in-suit based on any printed publication or other prior art reference that was submitted to, or considered by, the PTO in connection with the reexamination of the patent-in-suit. 3. If this stay is ordered following the deadline for fact discovery cutoff or expert reports, these deadlines, and all subsequent deadlines, will be reset until a time following termination of the stay. -1- 4. The parties shall meet and confer and file a joint status report within 14 days of significant developments in the ex parte reexamination, including the issuance of a Reexamination Certificate. 5. The parties reserve their right to move the Court to lift the stay at any time (after meeting and conferring with the other party), and the parties reserve their right to oppose the lifting of the stay. This provision does not waive or alter the legal standards governing stays of litigation pending ex parte reexamination. DATED this 3rd day of January 2019. Barry A. Bryant /s/ HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE -2-

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