Celgard, LLC v. LG Chem, Ltd. et al

Filing 307

ORDER granting 289 Motion to Stay Pending Inter Partes Review. IT IS FURTHER ORDERED that within fourteen (14) days of a decision by the Patent Trial and Appeal Board on all four pending inter partes reviews, the parties shall: (1) file a Status Report; and (2) confer and file an updated Certification Of Initial Attorneys Conference. Signed by Magistrate Judge David Keesler on 10/5/2015. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:14-CV-043-MOC-DCK
CELGARD, LLC,
Plaintiff,
v.
LG CHEM AMERICA, INC., and
LG CHEM, LTD.,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on “LG Chem’s Motion To Stay Pending
Inter Partes Review” (Document No. 289) filed on July 20, 2015. This motion has been referred
to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and is ripe for disposition.
Having carefully considered the motion and the record, the undersigned will grant the motion to
stay.
By the instant motion, Defendants request that this litigation be stayed pending final
resolution of the inter partes review of U.S. Patent No. 6,432,586 (the “’586 patent”) instituted by
the U.S. Patent and Trademark Office. (Document No. 289). Defendants report that a total of four
inter partes reviews of the ‘586 patent were instituted in 2014, with final decision(s) statutorily
required no later than October 2015. (Document No. 290, pp.1-2). Specifically, Plaintiff expects
a final decision on all four instituted reviews by October 8, 2015.
Recognizing the passage of time since the instant motion was filed, and noting that
decisions by the Patent Trial and Appeal Board at the U.S. Patent and Trademark Office are
imminent, the undersigned finds good cause to grant Defendants’ request.

CONCLUSION
IT IS, THEREFORE, ORDERED that “LG Chem’s Motion To Stay Pending Inter
Partes Review” (Document No. 289) is GRANTED.
IT IS FURTHER ORDERED that within fourteen (14) days of a decision by the Patent
Trial and Appeal Board on all four pending inter partes reviews, the parties shall: (1) file a Status
Report; and (2) confer and file an updated Certification Of Initial Attorney’s Conference.
SO ORDERED.
Signed: October 5, 2015

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