Foam Solutions, LLC v. Vanguard Fire and Supply Co.

Filing 18

ORDER on 17 Joint Stipulation Regarding Defendants' 12 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) OR 12(c). Signed by District Judge Matthew F. Leitman. (HRya)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
FOAM SOLUTIONS, LLC
Plaintiff,

Case No. 23-cv-10538
Hon. Matthew F. Leitman

v.
VANGUARD FIRE AND SUPPLY
CO., d/b/a VANGUARD FIRE AND
SECURITY SYSTEMS,
Defendant.
ORDER ON JOINT STIPULATION REGARDING DEFENDANT'S
MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) OR 12(c)
Having considered the Parties' Joint Stipulation Regarding Defendant's
Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) or 12(c), and the Court being
otherwise fully advised in the premise of such Stipulation, it is hereby ordered that:
1.

Defendant's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) or

12(c) is granted in part;
2.

Plaintiff Foam Solutions, LLC's ("Foam Solutions") Patent No.

7,513,315 (the "Patent") expired on September 4, 2022 (the "Patent Expiration
Date");
3.

Foam Solutions is not entitled to either injunctive relief or damages for

patent infringement arising after the Patent Expiration Date;
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4.

The Court further grants a 60-day stay of all discovery obligations to

allow the Parties additional time to explore a potential early resolution in this matter.
On January 12, 2024, or as soon thereafter as the Court's schedule will permit, the
Court will hold a scheduling conference with the Parties to determine the dates and
deadlines relative to this case.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: November 13, 2023

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