Perfect Surgical Techniques, Inc. v. Olympus Surgical & Industrial America Inc.

Filing 124

ORDER re stay. Signed by Judge Hamilton on 7/10/2015. (pjhlc2, COURT STAFF) (Filed on 7/10/2015)

1
2

UNITED STATES D
DISTRICT C
COURT

3

NORTHER DISTRIC OF CAL
N
RN
CT
LIFORNIA

4
5
6

PERFECT SURGICAL TECHNIQU
S
UES,
IN
NC.,

Case No. 12-cv-5967
7-PJH

Plaintiff,
7

ORDER R STAY
RE

v.
8
9

GYRUS MED
G
DICAL, INC et al.,
C.,
Defendants.

10

United States District Court
Northern District of California

11
12

On December 30, 2013, the court enter a stay in the above
red
e-captioned case,
d

13

pletion of th inter part review of the patent-in-suit. S Dkt. 11 The
he
tes
See
16.
pending comp

14

cou
urt’s order stated that the stay wo
s
ould termin ate upon th issuance of a final w
he
e
written

15

determination by the Pat
n
tent Trial an Appeal B
nd
Board (“PT
TAB”).

16

On Jun 25, 2015 the partie filed a st atus report informing t court th the
ne
5,
es
t
the
hat

17

PT
TAB had iss
sued a final written dec
cision. How
wever, the p
parties requ
uested that the stay
t

18

be maintained “at least until plaintiff decides w
d
u
f
whether to r
request reco
onsideratio appeal,
on,

19

or plaintiff’s period for fili a notice of appeal to the Fede Circuit has passed.” The
ing
e
eral

20

parties’ reque is GRAN
est
NTED. With five bus
hin
siness days of plaintiff making a d
s
decision on

21

wh
hether to req
quest a rec
consideratio or appea or within five busine days of the
on
al,
ess
f

22

passing of pla
aintiff’s deadline for filing a notice of appeal (whichever applies), t parties
e
r
the

23

sha file a join status sta
all
nt
atement.

24
25
26
27
28

IT IS SO ORDER
S
RED.
Da
ated: July 10, 2015
1
__
__________
__________
__________
_______
PH
HYLLIS J. H
HAMILTON
Un
nited States District Ju
s
udge