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

1
2
3
4
5
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7
8

THROUGHPUTER, INC.,
No. 2:22-cv-344-BJR
Plaintiff,

9
v.

ORDER STAYING CASE PENDING
INTER PARTES REVIEW

10
11

MICROSOFT CORPORATION,
Defendant.

12
13

On April 18, 2022, Defendant Microsoft Corporation (“Microsoft”) moved to stay this case

14
15

pending resolution of its petitions for inter partes review (“IPS”) by the Patent Trial and Appeal

16

Board (“PTAB”). Dkt. 82 (the “Motion”). This Court denied the Motion on June 1, 2022. Dkt.

17

91. On August 15, 2022, the parties contacted this Court’s chambers with respect to a discovery

18

dispute concerning the sufficiency of Plaintiff Throughputer, Inc.’s (“Throughputer”)

19
20

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

21
22
23

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

24

the same technology, that the PTAB’s resolution of Microsoft’s IPR petitions would simplify the

25

issues and benefit the Court’s resolution of this case.

26
ORDER - 1

Case 2:22-cv-00344-BJR Document 102 Filed 08/18/22 Page 2 of 2

1

Accordingly, having reconsidered its June 1 Order, the Court GRANTS Microsoft’s

2

motion (Dkt. 82) and stays this case pending resolution of Microsoft’s petitions for inter partes

3

review. The Court further ORDERS that the parties shall file a joint status report regarding the

4

IPR proceedings no more than 10 days after the conclusion of those proceedings.

5
Dated: August 18, 2022
6
7
_______________________________
Barbara Jacobs Rothstein
U.S. District Court Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDER - 2