Tric Tools, Inc. v. TT Technologies, Inc et al

Filing 52

ORDER GRANTING REQUEST FOR RECONSIDERATION AND DENYING RENEWED MOTION FOR STAY by Judge Yvonne Gonzalez Rogers granting 39 Motion (fs, COURT STAFF) (Filed on 12/6/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TRIC TOOLS, INC.,

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United States District Court
Northern District of California

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Plaintiff,

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vs.

Case No.: 12-CV-3490 YGR
ORDER GRANTING REQUEST FOR
RECONSIDERATION AND DENYING
RENEWED MOTION FOR STAY

TT TECHNOLOGIES, INC. AND TRACTOTECHNIK GMBH & CO., KG, et al.,
Defendants.
Defendant TT Technologies, Inc. (“TT”) filed its Motion for Leave to File Motion for

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Reconsideration on October 26, 2012. (Dkt. No. 39.) The Court set a briefing schedule and the

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parties submitted additional briefing, which the Court has now considered. The parties were also

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permitted to make brief arguments on the motion at the previously scheduled case management

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conference on December 3, 2012.
The request for reconsideration is GRANTED. The Court finds its Order of October 25, 2012

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Denying Motion to Stay Litigation Pending Patent Reexamination (Dkt No. 38) appropriate for

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reconsideration in light of new facts occurring after the time of its Order, namely that the United

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States Patent and Trademark Office (“PTO”) granted all four of its petitions for reexamination of the

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patents at issue.

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However, the motion for stay is DENIED. The Court does not find those additional facts

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sufficient to warrant granting a stay under the circumstances here. It is not certain that the PTO’s

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reexamination will limit or simplify the issues before the Court in this action. Defendant TT would

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still be free to raise all the same invalidity contentions here once the reexamination was concluded.

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See AT&T Intellectual Prop. I v. Tivo, Inc., 774 F. Supp. 2d 1049, 1053 (N.D. Cal. 2011). Moreover,
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the evidence indicates that a stay, and delay in resolution of the litigation could result in undue

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prejudice to Plaintiff Tric Tools. See Telemac Corp. v. Teledigital, Inc., 450 F.Supp.2d 1107, 1111

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(N.D.Cal. 2006).

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IT IS SO ORDERED.

United States District Court
Northern District of California

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Date: _December 6, 2012

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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