Server Technology, Inc. v. American Power Conversion Corporation et al
Filing
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ORDER that the stay in Case No. 3:15-cv-0329-LRH-WGC entered on 10/06/2015, is hereby LIFTED. The parties to file a Joint Status Report due by 3/30/2017. Signed by Judge Larry R. Hicks on 03/09/2017. (Copies have been distributed pursuant to the NEF - KW)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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SERVER TECHNOLOGY, INC.,
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Plaintiff/Counter-Defendant,
Case No. 3:15-cv-0329-LRH-WGC
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v.
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ORDER
AMERICAN POWER CONVERSION
CORPORATION; and SCHNEIDER
ELECTRIC IT CORPORATION,
Defendants/Counter-Plaintiffs.
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This is a patent infringement action between plaintiff and counter-defendant Server
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Technology, Inc. (“STI”) and defendants and counter-plaintiffs American Power Conversion
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Corporation (“APC”) and Schneider Electric IT Corporation (“Schneider”). Both STI and APC
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manufacture intelligent power distribution units (“PDUs”).
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In 2006, STI brought suit against APC alleging that APC’s AP7900 and AP8900 series of
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products infringed two of STI’s patents: United States Patents numbers 7,043,543 (“the ‘543
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patent”), and 7,702,771 (“the ‘771 patent). Server Tech, Inc. v. Am. Power Conversion Corp,
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case no. 3:06-cv-0698-LRH-VPC (“STI I”) (ECF No. 1). Between May 12 and May 27, 2014, a
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jury trial was held in STI I on the issues of infringement and invalidity. On May 29, 2014, the
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jury returned a verdict finding that APC’s AP7900 and AP8900 product lines infringed claim 15
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of both the ‘543 and ‘771 patents. Server Tech, Inc., case no. 3:06-cv-0698-LRH-VPC
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(ECF No. 590). APC appealed the jury verdict to the Federal Circuit. Server Tech, Inc., case no.
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3:06-cv-0698-LRH-VPC (ECF No. 673). While the appeal was pending in STI I, STI brought
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suit against defendants in the present action alleging that APC’s AP8600 series of products – a
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line of PDUs not litigated in the first action between the parties – infringed the same two STI
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patents: United States Patents numbers 7,043,543 (“the ‘543 patent”), and 7,702,771 (“the ‘771
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patent). ECF No. 1. Subsequently, the parties filed a joint motion to stay proceedings in this
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action (ECF No. 35) which was granted by the court in October 2015 (ECF No. 36). This action
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has been stayed since that time.
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On September 23, 2016, the Federal Circuit issued an order in STI I and remanded that
action back to this court. See Server Tech., Inc. v. Am. Power Conversion Corp., 657 Fed. Appx.
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1030 (Fed. Cir. 2016). Upon receiving the Federal Circuit’s decision, the court issued an order
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setting forth the procedure for the continuation of litigation in STI I. See Server Tech, Inc., case
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no. 3:06-cv-0698-LRH-VPC (ECF No. 691). In light of the Federal Circuit’s decision and the
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court’s February 23, 2017 order in STI I, the court finds that there is no reason to continue the
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stay in the present action. Therefore, the court shall lift the underlying stay.
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Additionally, the parties are directed to meet and confer and file a joint status report
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within twenty (20) days of entry of this order addressing all pending issues, claims, and defenses
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in this action. Such joint status report shall also address the need for any claim construction of
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the underlying patents and set forth a proposed schedule for the filing of any briefs or pleadings
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related to the issue of claim construction.
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IT IS THEREFORE ORDERED that the stay in case no. 3:15-cv-0329-LRH-WGC
entered on October 6, 2015, is hereby LIFTED.
IT IS FURTHER ORDERED that the parties shall, within twenty (20) days of entry of
this order, file a joint status report in accordance with this order.
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IT IS SO ORDERED.
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DATED this 9th day of March, 2017.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
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