Judge Godbey Grants Stay Pending Inter Partes Review of Patents-In-Suit

On July 9, 2014, Judge Godbey issued an order (available here) in Micrografx v. Samsung. The Order granted Samsung’s motion to stay proceedings pending inter partes review of the three patents-in-suit. Judge Godbey stayed the case pending a decision from the U.S. Patent and Trademark Office on the IPR. Notably, the PTO had not yet ruled on the petitions for IPR. Judge Godbey found that the three stay factors—i.e., (i) whether a stay would unduly prejudice the nonmoving party, (ii) whether a stay will simplify the issues and trial, and (iii) whether discovery is complete and whether a trial has been set—each favored granting a stay.

Samsung is represented by Jon Hyland, of Munsch Hardt Kopf & Harr; and Darin SnyderDavid AlmelingLuann SimmonsMark Lian, and Mishima Alam, all of of O’Melveny & Myers.

Micrografx is represented by Stephen Susman, Justin Nelson, Max Tribble, and Terrell Oxford, all of Susman Godfrey.

 

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