Polaris Innovations Limited v. Dell Inc.

Filing 83

ORDER by Judge Hamilton granting 75 Defendants' Motion to Stay. (pjhlc1, COURT STAFF) (Filed on 6/15/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 POLARIS INNOVATIONS LIMITED, 8 Plaintiff, 9 v. 10 DELL INC., et al., 11 United States District Court Northern District of California Case No. 16-cv-7005-PJH ORDER GRANTING DEFENDANTS' MOTION TO STAY Defendants. 12 13 14 Defendants’ motion to stay this action pending resolution of inter partes review 15 (“IPR”) of five of the six patents-in-suit came on for hearing before this court on June 14, 16 2017. Plaintiff Polaris Innovations Limited appeared by its counsel Matthew D. Powers 17 and Alex H. Chan; defendant NVIDIA Corporation appeared by its counsel David M. 18 Hoffman and Katherine Vidal; and defendant Dell, Inc. appeared by its counsel Brianna L. 19 Kadjo. Having read the parties’ papers and carefully considered their arguments and the 20 relevant legal authority, the court hereby GRANTS the motion as follows and for the 21 reasons stated at the hearing. 22 The question whether to stay proceedings pending IPR is a matter committed to 23 the district court's discretion. Hewlett-Packard Co. v. ServiceNow, Inc., 2015 WL 24 5935368 at *1 (N.D. Cal. Oct. 13, 2015); see also Ethicon, Inc. v. Quigg, 849 F.2d 1422, 25 1426-27 (Fed. Cir. 1988). “Courts in this District examine three factors when determining 26 whether to stay a patent infringement case pending review or reexamination of the 27 patents: (1) whether discovery is complete and whether a trial date has been set; (2) 28 whether a stay will simplify the issues in question and trial of the case; and (3) whether a 1 stay would unduly prejudice or present a clear tactical disadvantage to the nonmoving 2 party.” PersonalWeb Tech., LLC v. Apple Inc., 69 F. Supp. 3d 1022, 1025 (N.D. Cal. 3 2014) (quotations and citation omitted). Having considered these factors, the court finds 4 that the benefits of a stay outweigh any inherent costs of postponing the litigation. 5 The stay will be in effect until December 2017. The court will conduct a further 6 case management conference (“CMC”) on December 14, 2017. The parties shall file a 7 joint CMC statement on December 7, 2017, in which they shall apprise the court of the 8 status of the decisions by the PTAB with regard to institution of the pending IPRs. The 9 court will revisit the decision regarding the stay at the CMC. 10 United States District Court Northern District of California 11 IT IS SO ORDERED. 12 Dated: June 15, 2017 13 14 __________________________________ PHYLLIS J. HAMILTON United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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