Semrock, Inc. v. Edmund Optics, Inc., et al.,
ORDER granting 65 Motion to Lift Stay. The Stay is lifted. Signed by Hon. Jonathan W. Feldman on 1/13/2017. (JKT)<p>-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
EDMUND OPTICS, INC.,
This is a case alleging infringement of two patents held by
See Amended Complaint (Docket # 20).
On April 15,
(IPR) of the two patents by the United States Patent Trial and
Appeal Board (“PTAB”).
See Joint Stipulation and Order (Docket
The PTAB issued decisions on September 9 and 16, 2015,
finding both patents valid, however the parties jointly moved to
extend the stay to October 2, 2015 for the purpose of settlement
See Order (Docket # 63).
This Court granted that
Thereafter, plaintiff filed the instant motion to lift the stay
on January 5, 2016, and defendant filed an opposition on January
See Docket # 65, 68.
Defendant requested that the
stay be extended during its appeal of the PTAB decision to the
See Memorandum in Opposition (Docket # 68) at
argument numerous times at the joint requests of the parties.
See Docket # 67, 70, 71, 74, 75, 76.
On June 1, 2016, defendant
moved for voluntary dismissal of the appeal before the Federal
Circuit, which was granted on June 2, 2016.
See Notice (Docket
The Court has granted multiple adjournments to the oral
The parties have been unable to settle, and are now
moving forward with litigation.
The grounds for the initial
defendant’s objection to lifting the stay — the appeal to the
Federal Circuit — having also concluded, it is hereby
ORDERED that plaintiff’s motion to lift the stay (Docket #
65) is granted.
The Clerk of Court is directed to remove the
stay designation for this case.
JONATHAN W. FELDMAN
UNITED STATES MAGISTRATE JUDGE
Dated: January 13, 2017
Rochester, New York
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