Semrock, Inc. v. Edmund Optics, Inc., et al.,

Filing 81

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
________________________________
SEMROCK, INC.,
Plaintiff,

ORDER
13-CV-6265

v.
EDMUND OPTICS, INC.,
Defendant.
________________________________
This is a case alleging infringement of two patents held by
plaintiff.
2014,

at

See Amended Complaint (Docket # 20).
the

temporarily

joint

stayed

request

litigation

of

the

pending

On April 15,

parties,

an

Inter

this

Court

Partes

Review

(IPR) of the two patents by the United States Patent Trial and
Appeal Board (“PTAB”).
# 53).

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
discussions.
request.

See Order (Docket # 63).
See

Joint

Stipulation

and

This Court granted that
Order

(Docket

#

64).

Thereafter, plaintiff filed the instant motion to lift the stay
on January 5, 2016, and defendant filed an opposition on January
20, 2016.

See Docket # 65, 68.

Defendant requested that the

stay be extended during its appeal of the PTAB decision to the
Federal Circuit.

See Memorandum in Opposition (Docket # 68) at

1-2.

The

February

Court

12,

scheduled

2016,

and

oral

argument

subsequently

on

the

motion

for

the

oral

rescheduled

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

# 72).
The Court has granted multiple adjournments to the oral
argument
case.

to

allow

the

parties

opportunity

to

settle

the

The parties have been unable to settle, and are now

moving forward with litigation.
stay

the

—

the

IPR

—

having

The grounds for the initial

concluded,

and

the

grounds

for

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.
SO ORDERED.

______________________________

JONATHAN W. FELDMAN
UNITED STATES MAGISTRATE JUDGE

Dated: January 13, 2017
Rochester, New York