Yufa v. Particle Measuring Systems, Inc.

Filing 101

ORDER Continuing Stay. Signed by Judge Phyllis J. Hamilton on 10/26/2016. (pjhlc2S, COURT STAFF) (Filed on 10/26/2016)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 ALEKSANDR L. YUFA, v. 7 8 9 Case No. 09-cv-01388-PJH Plaintiff, 6 ORDER CONTINUING STAY PARTICLE MEASURING SYSTEMS, INC., Re: Dkt. Nos. 99, 100 Defendant. 10 United States District Court Northern District of California 11 12 On February 28, 2015, the court granted defendant’s unopposed motion to stay 13 this patent infringement case. Dkt. 90. On April 27, 2016, the court ordered that the stay 14 should remain in place in light of pending appeals before the Federal Circuit involving the 15 same patents. Dkt. 98. The court directed the parties to file a status statement within six 16 months. 17 Both parties have now filed status statements, with plaintiff representing that the 18 appeal in Yufa v. TSI Incorporated is still pending in the Federal Circuit, and requesting 19 that the stay of this case be continued. Dkt. 99. Defendant agrees that an additional stay 20 is appropriate. 21 The court agrees that the stay should remain in place, and directs the parties to 22 file an updated status statement either six months from the date of this order, or 23 whenever the pending appeal is resolved, whichever is earlier. 24 25 26 27 28 IT IS SO ORDERED. Dated: October 26, 2016 __________________________________ PHYLLIS J. HAMILTON United States District Judge

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