ThroughPuter Inc v. Microsoft Corporation
Filing
102
ORDER STAYING CASE Pending Inter Partes Review. Having reconsidered its 6/1/2022 Order, the Court GRANTS Microsoft's motion (Dkt. #82 ) and stays this case pending resolution of Microsoft's petitions for inter partes review. The Court further ORDERS that the parties shall file a joint status report regarding the IPR proceedings no more than 10 days after the conclusion of those proceedings. Signed by Judge Barbara J. Rothstein. (SB)
Case 2:22-cv-00344-BJR Document 102 Filed 08/18/22 Page 1 of 2
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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THROUGHPUTER, INC.,
No. 2:22-cv-344-BJR
Plaintiff,
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v.
ORDER STAYING CASE PENDING
INTER PARTES REVIEW
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MICROSOFT CORPORATION,
Defendant.
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On April 18, 2022, Defendant Microsoft Corporation (“Microsoft”) moved to stay this case
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pending resolution of its petitions for inter partes review (“IPS”) by the Patent Trial and Appeal
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Board (“PTAB”). Dkt. 82 (the “Motion”). This Court denied the Motion on June 1, 2022. Dkt.
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91. On August 15, 2022, the parties contacted this Court’s chambers with respect to a discovery
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dispute concerning the sufficiency of Plaintiff Throughputer, Inc.’s (“Throughputer”)
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infringement contentions. The arguments raised by the parties in the course of that dispute have
caused the Court to reexamine its Order denying the requested stay, and reconsider the arguments
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made by the parties in support of, and against, the Motion. This Court now finds, particularly
given the parties’ arguments as to whether certain of Microsoft’s and Throughputer’s patents claim
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the same technology, that the PTAB’s resolution of Microsoft’s IPR petitions would simplify the
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issues and benefit the Court’s resolution of this case.
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ORDER - 1
Case 2:22-cv-00344-BJR Document 102 Filed 08/18/22 Page 2 of 2
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Accordingly, having reconsidered its June 1 Order, the Court GRANTS Microsoft’s
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motion (Dkt. 82) and stays this case pending resolution of Microsoft’s petitions for inter partes
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review. The Court further ORDERS that the parties shall file a joint status report regarding the
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IPR proceedings no more than 10 days after the conclusion of those proceedings.
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Dated: August 18, 2022
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_______________________________
Barbara Jacobs Rothstein
U.S. District Court Judge
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ORDER - 2
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