Andersen Manufacturing Inc. v. Wyers Products Group, Inc.
Filing
55
MEMORANDUM DECISION AND ORDER. IT IS HEREBY ORDERED that the three Motions to supplement (docket nos. 41, 45 & 52) are GRANTED. IT IS FURTHER ORDERED, that the Motion to Stay (docket no. 28) is DENIED. Signed by Judge B. Lynn Winmill. Motions term inated: 52 MOTION for Leave to File Supplement filed by Wyers Products Group, Inc., 41 MOTION for Leave to File Supplemental Opposition filed by Andersen Manufacturing Inc., 28 MOTION to Stay filed by Wyers Products Group, Inc., and 45 MOTION to Supplement Defendant's Motion to Stay filed by Wyers Products Group, Inc.. (km)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
ANDERSEN MANUFACTURING INC.,
an Idaho corporation,
Case No. 4:16-CV-51-BLW
Plaintiff,
MEMORANDUM DECISION AND
ORDER
v.
WYERS PRODUCTS GROUP, INC.,
a Colorado corporation,
Defendant.
INTRODUCTION
The Court has before it a motion to stay along with three motions to supplement.
The motions are fully briefed and at issue. The Court will grant all three motions to
supplement, and will deny the motion to stay for the reasons explained below.
ANALYSIS
Defendant Wyers requests a stay because the Patent Office has recently ordered
the reexamination of the three patents at issue here. While the reexaminations could
simplify the issues for trial, the delay will be extensive. Most of these reexaminations,
including the inevitable appeal to the Patent Trial and Appeal Board, take three to five
years to resolve. Signal IP, Inc. v. Volkswagen Group of America, Inc., 2015 WL
57648331 at *2 (C.D.Calif May 26, 2015). Moreover, the simplification of issues is not
automatic because if the patents survive, Wyers will be able to relitigate the issues here
because it requested an ex parte reexamination, which has no preclusive effect on the
Memorandum Decision & Order – page 1
challenger. Id. at *3. By the time the Patent Office granted reexaminations as to all the
patents – on November 18, 2016 – this case had been pending nearly 11 months. A claim
construction hearing is set for next week and is fully briefed. Given all these
circumstances, the Court will deny the motion to stay.
ORDER
Pursuant to the Memorandum Decision set forth above,
NOW THEREFORE IT IS HEREBY ORDERED, that the three motions to
supplement (docket nos. 41,45 & 52) are GRANTED.
IT IS FURTHER ORDERED, that the motion to stay (docket no. 28) is DENIED.
DATED: December 8, 2016
_________________________
B. Lynn Winmill
Chief Judge
United States District Court
Memorandum Decision & Order – page 2
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