Rockwell Automation Technologies, Incorporated v. Secure Crossing Research and Development Incorporated

Filing 62

ORDER denying 31 defendant's Motion to Stay. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROCKWELL AUTOMATION
TECHNOLOGIES, INC.,
Plaintiff,

Case No. 12-10274
HON. GEORGE CARAM STEEH

v.
SECURE CROSSING RESEARCH
AND DEVELOPMENT, INCORPORATED,
Defendant.
__________________________________/
ORDER DENYING DEFENDANT’S MOTION TO STAY (#31)
Presently before the court is defendant’s motion to stay proceedings pending ex
parte reexamination of U.S. Patent No. 7,990,967 (the “967 patent”) before the United
States Patent and Trademark Office (“PTO”). The motion has been fully briefed. The court
finds that oral argument is not necessary. See Local Rule 7.1(f). On August 27, 2012,
defendant filed a notice acknowledging that its request for reexamination was denied by
the PTO. As the request for a stay was based solely on the request for reexamination,
defendant’s motion to stay proceedings is DENIED. Given defendant’s representation that
it has not yet decided whether to petition for reconsideration of the denial of its request for
reexamination, and that it has 30 days to determine whether to do so, the motion is denied
without prejudice.
SO ORDERED.
Dated: August 29, 2012
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
August 29, 2012, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk