Core Wireless Licensing S.a.r.l. v. Apple Inc.

Filing 203

ORDER VACATING HEARING AND REQUESTING FURTHER BRIEFING RE PLAINTIFF'S MOTION FOR A STAY. Signed by Judge Richard Seeborg on 6/6/16. (cl, COURT STAFF) (Filed on 6/6/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CORE WIRELESS LICENSING S.A.R.L.,

Case No. 15-cv-05007-RS

Plaintiff,
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United States District Court
Northern District of California

v.
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APPLE INC.,
Defendant.

ORDER VACATING HEARING AND
REQUESTING FURTHER BRIEFING
RE PLAINTIFF'S MOTION FOR A
STAY

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Plaintiff moves to stay this litigation with respect to four of the five patents in suit, in light

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of recently-instituted inter partes review (“IPR”) proceedings before the U.S. Patent and

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Trademark Office. In response, defendant Apple, Inc. notes that it ordinarily advocates staying

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litigation pending the resolution of parallel IPR proceedings. Apple opposes the requested stay

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here, however, on grounds that it would not serve judicial efficiency and would result in prejudice

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to proceed with litigation of one of the five patents in suit, while staying the balance of the action.

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Although Apple suggests that the stay motion be denied outright, it does not argue that a stay of

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the entire action would raise similar efficiency and prejudice concerns, or would otherwise be

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improper.

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Apple’s contentions regarding the inadvisability of a partial stay appear to have merit.

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Accordingly, no later than June 10, 2016, plaintiff shall file a supplemental brief, not to exceed

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five pages, setting out whether it is amenable to a stay of the entire action, and, if not, any reasons

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it believes such a stay should not be imposed. The motion for a stay will then be submitted

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without oral argument. The hearing previously set for June 8, 2016 is vacated.

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IT IS SO ORDERED.

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Dated: June 6, 2016
______________________________________
RICHARD SEEBORG
United States District Judge

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United States District Court
Northern District of California

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CASE NO.

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15-cv-05007-RS