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-

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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

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