Edelbrock, LLC v. Whipple Industries, Inc.

Filing 69

Order GRANTING stipulation to stay case pending reexamination, signed by Magistrate Judge Erica P. Grosjean on 4/26/2021. If the USPTO has not yet issued a Reexamination Certificate, the parties shall file a joint status report by 10/26/2021 advising the Court of the status of Reexamination.(Rosales, O.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDELBROCK, LLC,

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Case No. 1:19-cv-01502-DAD-EPG

Plaintiff,
v.

ORDER GRANTING STIPULATION TO
STAY CASE PENDING REEXAMINATION

WHIPPLE INDUSTRIES, INC.,
(ECF No. 67)

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Defendant.

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Pursuant to the parties’ Stipulation to Stay Case Pending Reexamination (ECF No. 67),
and for good cause shown,

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IT IS HEREBYORDERED that:

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1.

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This lawsuit, including all discovery, is STAYED pending final resolution of the
current reexamination of the ‘481 Patent through issuance of a Reexamination
Certificate;

2. Within seven days after the USPTO issues a Reexamination Certificate, the parties
shall provide a joint status report advising the Court of the issuance of a
Reexamination Certificate and providing a copy thereof;
3. Within twenty-one days after the USPTO issues a Reexamination Certificate, the
Parties shall file a joint status report advising the Court of the parties' proposal(s) for
rescheduling the remainder of this lawsuit or otherwise terminating the lawsuit;
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4. Within six months of entry of this order, if the USPTO has not yet issued a

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Reexamination Certificate, the parties shall file a joint status report advising the Court

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of the status of Reexamination; and

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5. The Court reserves the right to lift the stay to the extent there is undue delay with the

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reexamination.

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IT IS SO ORDERED.
Dated:

April 26, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

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