Intellectual Property Law

Chief Judge Gregory M. Sleet: Motion to Sever and Stay Denied

By Karen E. Keller, Andrew A. Lundgren et al.

Chief Judge Sleet recently denied a party's motion to stay and sever proceedings related to two patents-in-suit where an interference was pending at the USPTO. LG Electronics U.S.A., Inc. v. Whirpool Corp., C.A. No. 08-234-GMS, Order (D. Del. Jan. 6, 2010). The Court denied the motion on the grounds that it was filed "after the close of discovery and after a trial date had been set" and because "resolution of the interference proceeding may not resolve all of the asserted claims or issues" with respect to those two patents. Id. at 3. (Only certain claims of the two patents were before the PTO as part of the interference.)

LG Electronics U.S.A., Inc. v. Whirpool Corp., C.A. No. 08-234-GMS, Order (D. Del. Jan. 6, 2010).

Full post as published by Delaware IP Law Blog on January 12, 2010 (boomark / email).