Fiber Optic Designs, Inc. et al v. New England Pottery, LLC

Filing 35

ORDER. The Joint Motion to Stay Pending Reexaminiation of the Patent-in-Suit 34 filed 02/20/2009, is GRANTED. This action is STAYED pending the outcome of the United States Patent and Trademark Offices re-examination of United States Patent No. 7, 220,022. The parties SHALL FILE periodic status reports with the court, commencing 04/20/2009, and every sixty (60) days thereafter until the Patent Office issues its decision on re-examination, regarding the status of the re-examination of United States Patent No. 7,220,022 by Judge Robert E. Blackburn on 02/20/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 07-cv-01683-REB-CBS FIBER OPTIC DESIGNS, INC., a Pennsylvania corporation, and HOLIDAY CREATIONS, INC., a Colorado corporation, Plaintiffs, vs. NEW ENGLAND POTTERY, LLC, a Delaware corporation, Defendant. ORDER GRANTING JOINT MOTION TO STAY Blackburn, J. The matter before me is the parties' Joint Motion to Stay Pending Reexaminiation of the Patent-in-Suit [#34] filed February 20, 2009. Having reviewed the motion and the file, I conclude that the motion should be granted. THEREFORE, IT IS ORDERED as follows: 1. That the Joint Motion to Stay Pending Reexaminiation of the Patent-inSuit [#34] filed February 20, 2009, is GRANTED; 2. That this action is STAYED pending the outcome of the United States Patent and Trademark Office's re-examination of United States Patent No. 7,220,022; 3. That the parties SHALL FILE periodic status reports with the court, commencing April 20, 2009, and every sixty (60) days thereafter until the Patent Office issues its decision on re-examination, regarding the status of the re-examination of United States Patent No. 7,220,022;

4. That within seven (7) business days of the Patent Office's decision on reexamination on United States Patent No. 7,220,022 (including all appeals or expiration or the time to appeal), plaintiff, Fiber Optic Designs, Inc., SHALL NOTIFY the court of the decision of the Patent Office; and 5. That within fourteen (14) days of the Patent Office's decision on reexamination on United States Patent No. 7,220,022 (including all appeals or expiration or the time to appeal), the parties SHALL FILE a joint report to the court stating whether further proceedings before this court are necessary, as well as a proposed schedule for the conduct of any proposed proceedings. If further proceedings are deemed necessary, the joint report shall include a motion requesting a telephonic motions setting conference with the court's Administrative Assistant, Susan Schmitz. Dated February 20, 2009, at Denver, Colorado. BY THE COURT:

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