Yufa v. Particle Measuring Systems, Inc.

Filing 110

ORDER CONTINUING STAY. Signed by Judge Phyllis J. Hamilton on 4/12/2018. (pjhlc2, COURT STAFF) (Filed on 4/12/2018) (Additional attachment(s) added on 4/12/2018: # 1 Certificate/Proof of Service) (kcS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALEKSANDR L. YUFA,

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Case No. 09-cv-01388-PJH

Plaintiff,

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v.

ORDER CONTINUING STAY

PARTICLE MEASURING SYSTEMS,
INC.,

Re: Dkt. Nos. 108, 109

United States District Court
Northern District of California

Defendant.
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On February 18, 2015, the court granted a stay in this case based on the

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possibility of the patents-in-suit being assigned to a receiver and sold at auction in order

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to satisfy a judgment in another suit involving the plaintiff in this action. Dkt. 90. Since

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then, the parties have filed status reports every six months seeking to continue the stay;

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the court has repeatedly ordered the stay to continue as the appointment of a receiver

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was appealed. Dkt. 92, 95, 98, 101, 104, 107.

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On October April 5, 2018, pro se plaintiff Alexsandr Yufa filed an updated status

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statement requesting that the court continue the stay. Dkt. 108. Defendant Particle

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Measuring Systems, Inc. agrees that an additional stay is appropriate. Dkt. 109.

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In Yufa v. TSI Incorporated, No. 4:09-cv-1315 KAW (“TSI”), the Federal Circuit has

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now affirmed the order to appoint a receiver for Yufa’s patents. TSI Dkt. 250. However,

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no assignment has yet taken place and TSI’s motion to compel assignment was denied

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without prejudice on December 11, 2017. TSI Dkt. 273.

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In addition, On July 7, 2017, Yufa appealed the TSI court’s order denying Yufa’s
request to order the time range for receiver’s evaluations and granting TSI’s motion to

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approve instruction of the receiver. TSI Dkt. 262. The Federal Circuit has yet to issue a

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decision on that appeal.

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The court agrees that the stay should remain in place. The parties shall file an

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updated status statement no later than six months from the date of this order, apprising

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the court as to whether the patents have been assigned.

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IT IS SO ORDERED.
Dated: April 12, 2018
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PHYLLIS J. HAMILTON
United States District Judge

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United States District Court
Northern District of California

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