Valencell, Inc v. Bragi Store, LLC, et al

Filing 41

ORDER granting #32 Motion to Stay. The action is STAYED pending completion of the IPR. Signed by Chief Judge James C. Dever III on 9/20/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-895-D

VALENCELL, INC.,
Plaintiff,

v.

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BRAGISTORE,LLC,
BRAGI NORTH AMERICA, LLC,
and BRAGI GMBH,
Defendants.

ORDER

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On July 20, 2017, Bragi Store, LLC, Bragi North America, LLC, and Bragi GMBH
(collectively, "defendants") moved to stay the above-captioned case pending resolution of Inter
Partes Review ("IPR") of U.S. Patent Nos. 8,923,941 and 8,929,965 before the Patent Trial and
Appeal Board ("PTAB") [D.E. 32] and filed a memorandum in support [D.E. 33]. On August 10,
2017, plaintiffValencell, Inc., responded in opposition [D.E. 38]. On August 24, 2017, defendants
replied [D.E. 39-40].
For the reasons set forth in defendants' memorandum in support and reply, as well as the
PTAB's institutionofiPRforthe '941 and '965 patents [D.E. 32-2,32-3, 32-4], astayofthis action
is warranted. Thus, the court GRANTS defendants' motion to stay [D.E. 32]. The action is
STAYED pending completion of the IPR.
SO ORDERED. This U> day ofSeptember2017.

Chief United States District Judge