On August 16, 2013, Judge Godbey issued an Order (available here) that ruled on Plaintiff MobileMedia’s motion to sever or stay. MobileMedia had sought to stay or sever claims regarding some of the eight patents-in-suit, but Judge Godbey rejected this request:
The Court will grant MMI only one trial on the remaining eight patents. While the Court is sympathetic to MMI’s desire to narrow the issues for trial, MMI was master of its complaint and chose which patents to assert. The Court recognizes that a trial including all eight patents places burdens on both parties’ counsel to make the case comprehensible to a jury, but this is a burden MMI placed on itself by alleging infringement of fifteen different patents in one suit. Further, the Court has allotted two weeks for the trial, enough time to assert all eight patents if MMI chooses to do so. Finally, MMI has not indicated why – other than concerns about jury confusion – some patents should be tried first and others tried later. To that end, the Court is generally uncomfortable with allowing MMI to pick and choose patents to try in the December trial, while maintaining its claims on the remaining patents should the December trial yield an unfavorable result. Thus, although the Court acts within its discretion in severing or staying the patent claims, the Court elects not to do so.
The Court still encourages MMI to narrow the patents and claims for trial. The Court directs MMI to inform RIM and the Court on or before August 27, 2013 which patents MMI intends to assert. The Court will dismiss with prejudice any claims based on any patents not asserted or previously stayed.