Applications in Internet Time, LLC v. Salesforce.com, Inc.

Filing 117

ORDER - The parties shall file a Joint Status Report every sixty days beginning on March 6, 2020. Signed by Judge Robert C. Jones on 2/5/2020. (Copies have been distributed pursuant to the NEF - AB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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APPLICATIONS IN INTERNET TIME, LLC,

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Plaintiff,

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vs.

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Case No. 3:13-CV-00628-RCJ-CLB

SALESFORCE.COM, INC.,

ORDER

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Defendant.

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On January 7, 2020, this Court denied Plaintiff’s motion to lift stay, finding that Plaintiff

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had not demonstrated sufficient prejudice to lift the stay instituted due to ongoing litigation before

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the Patent Trial and Appeal Board (PTAB) regarding a petition for inter partes review from RPX

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Corp. (ECF No. 116.) A significant consideration in initially granting and in continuing the stay is

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the potential for PTAB’s order to have preclusive effect on the instant case—including the

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possibility of mooting the case entirely. However, the Court is aware that this litigation began in

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November 2013, that the potential for prejudice increases proportionally with the amount of delay,

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and that such prejudice may soon outweigh the concern over parallel litigations before this Court

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and PTAB.

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IT IS HEREBY ORDERED that the parties shall file a Joint Status Report every sixty days

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beginning on March 6, 2020.

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IT IS SO ORDERED.

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Dated February 5, 2020.

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_____________________________________
ROBERT C. JONES
United States District Judge

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