Anascape, Ltd v. Microsoft Corp. et al

Filing 58

AFFIDAVIT in Support re 56 MOTION to Stay Litigation Pending Reexamination of the Patents-in-Suit by the Patent Office - Declaration of J. Christopher Carraway filed by Microsoft Corp.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Exhibit 22# 23 Exhibit 23# 24 Exhibit 24# 25 Exhibit 25# 26 Exhibit 26)(Carraway, J)

Anascape, Ltd v. Microsoft Corp. et al

Doc. 58 Att. 15

Case 9:06-cv-00158-RHC

Document 58

Filed 01/16/2007

Page 1 of 2

EXHIBIT 15

DECLARATION OF J. CHRISTOPHER CARRAWAY IN SUPPORT OF DEFENDANT MICROSOFT'S MOTION TO STAY PROCEEDINGS PENDING COMPLETION OF THE REEXAMINATION OF THE PATENTS-IN-SUIT

Dockets.Justia.com

Case 9:06-cv-00158-RHC Document 127 Case 5:03-cv-00160-DF Document 58

Filed 04/05/2005 Filed 01/16/2007

Page 1 of 1 Page 2 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION AMANDA MAY, Plaintiff, v. WACOAL AMERICA, INC., ET. AL., Defendant. § § § § § CIVIL ACTION NO. 5:03-CV-160 (DF) § § § § § ORDER Before the Court is Defendant Wacoal America, Inc.'s Motion For Stay Pending Reexamination of the Patent-in-Suit by the PTO (Doc. No. 86). After considering the motion and receiving notice from Plaintiff that the motion is not opposed (Doc. No. 126), the Court finds that it is well taken. Moreover, the Court has been advised that the United States Patent & Trademark Office ("PTO") has acted upon Wacoal's Petition for inter partes reexamination of the '906 patent. The PTO has granted Wacoal's petition and initiated reexamination of the '906 patent in light of the

.

prior art references Wacoal raised with the PTO. Accordingly, because the `906 patent is under reexamination with the PTO, the Court hereby GRANTS Defendant's motion to stay and ORDERS this case administratively closed. This matter will remain closed pending resolution of those matters before the PTO. The parties shall provide notice to the Court when such matters are resolved.

SIGNED this 5th day of April, 2005.

____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE