LifeScan Scotland, Ltd. v. Shasta Technologies, LLC et al

Filing 276

ORDER denying 256 Motion to Stay and Setting Bond. Signed by Judge Edward J. Davila on 4/9/2013. (ejdlc4S, COURT STAFF) (Filed on 4/9/2013) Modified on 4/9/2013 (ejdlc1, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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United States District Court
For the Northern District of California

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LIFESCAN, INC. and LIFESCAN SCOTLAND, )
LTD.,
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Plaintiffs,
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v.
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SHASTA TECHNOLOGIES, LLC,
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INSTACARE CORP., PHARMATECH
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SOLUTIONS, INC., and CONDUCTIVE
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TECHNOLOGIES, INC.,
)
)
)
Defendants.
)

Case No.: 5:11-CV-04494-EJD
ORDER DENYING DEFENDANTS’
MOTION TO STAY AND SUSPEND
THE PRELIMINARY INJUNCTION
ORDER PENDING APPEAL AND
SETTING BOND

[Re: Docket Nos. 256, 269, 273]

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Presently before the court in this patent infringement action is Defendants Shasta

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Technologies, LLC (“Shasta”), Instacare Corp. (“Instacare”), Pharmatech Solutions, Inc.

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(“Pharmatech”), and Conductive Technologies, Inc.’s (“Conductive”) (collectively, “Defendants”)

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Motion to Stay and Suspend the March 19, 2013 Preliminary Injunction Pending Appeal or,

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Alternatively, Pending Decision by Federal Circuit on Stay Pending Appeal. Dkt. No. 256. Also

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before the court are the parties’ briefs regarding the appropriate amount of bond. Dkt. Nos. 269,

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273.

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Having fully reviewed the parties’ briefing, the court concludes that a stay is not warranted.

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The court acknowledges that its Order granting the preliminary injunction addressed a novel

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question of law; however, that fact, without more, is insufficient to compel the court to grant a stay.

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The four factors the court must consider in deciding whether to grant a stay mirror the four factors

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the court considered in its Order granting the preliminary injunction. See Hilton v. Braunskill, 481

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Case No.: 5:11-CV-04494-EJD
ORDER DENYING DEFENDANTS’ MOTION TO STAY AND SUSPEND THE
PRELIMINARY INJUNCTION ORDER PENDING APPEAL AND SETTING BOND