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)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 TRIC TOOLS, INC., 11 United States District Court Northern District of California 10 Plaintiff, 12 13 14 15 16 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 17 Reconsideration on October 26, 2012. (Dkt. No. 39.) The Court set a briefing schedule and the 18 parties submitted additional briefing, which the Court has now considered. The parties were also 19 permitted to make brief arguments on the motion at the previously scheduled case management 20 21 22 conference on December 3, 2012. The request for reconsideration is GRANTED. The Court finds its Order of October 25, 2012 23 Denying Motion to Stay Litigation Pending Patent Reexamination (Dkt No. 38) appropriate for 24 reconsideration in light of new facts occurring after the time of its Order, namely that the United 25 States Patent and Trademark Office (“PTO”) granted all four of its petitions for reexamination of the 26 27 28 patents at issue. 1 However, the motion for stay is DENIED. The Court does not find those additional facts 2 sufficient to warrant granting a stay under the circumstances here. It is not certain that the PTO’s 3 reexamination will limit or simplify the issues before the Court in this action. Defendant TT would 4 still be free to raise all the same invalidity contentions here once the reexamination was concluded. 5 See AT&T Intellectual Prop. I v. Tivo, Inc., 774 F. Supp. 2d 1049, 1053 (N.D. Cal. 2011). Moreover, 6 7 the evidence indicates that a stay, and delay in resolution of the litigation could result in undue 8 prejudice to Plaintiff Tric Tools. See Telemac Corp. v. Teledigital, Inc., 450 F.Supp.2d 1107, 1111 9 (N.D.Cal. 2006). 10 IT IS SO ORDERED. United States District Court Northern District of California 11 12 13 Date: _December 6, 2012 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?