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)

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.

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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

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