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. 17

Case 9:06-cv-00158-RHC

Document 58

Filed 01/16/2007

Page 1 of 2

EXHIBIT 17

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

CasCase 9:06-cv-00158-RHC e 5:05-cv-00081-DF-CMC 2:04-cv-00242-TJW

Document 95 Filed 02/16/2006 Page 1 of1 of 1 Document 58 124-5 Filed 06/28/2006 Page 1 01/16/2007 22

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

AMIGA DEVELOPMENT, LLC Vs. HEWLETT-PACKARD COMPANY

§ § § CIVIL ACTION NO. 2:04-CV-242

ORDER The court denies the defendant's request for a stay of proceedings pending the re-examination of the `164 patent (#72). Although HP correctly notes that discovery is not complete and the court has not issued a claim construction ruling, the court observes that the re-examination was instituted over a year after the case was filed. A large portion of discovery had been completed when HP filed the present motion. In addition, the court is concerned that staying this particular case pending the reexamination would be unfair, given the age of the patent-in-suit and the expected length of reexamination proceedings. The patent-in-suit expires in October, 2006, and the court is persuaded that a stay of this case would unfairly prejudice the patentee's rights. See Soverain Software, LLC v. Amazon.com, 356 F. Supp. 2d 660 (E.D. Tex. 2005)(finding undue prejudice to the patentee's ability to protect its property rights). The motion to stay the case is therefore denied. SIGNED this 16th day of February, 2006.

__________________________________________ T. JOHN WARD UNITED STATES DISTRICT JUDGE