Judge Stearns denied Cisco’s motion to stay pending ex parte reexamination. Cisco had initiated an ex parte reexamination of one of the asserted patents based on prior art discovered in July 2021. Judge Stearns noted that all pretrial proceedings had been completed since June, and that trial would already have occurred but for a scheduling conflict, and stated that he would not stay proceedings at this late date. He further noted that the asserted prior art was a U.S. Patent that should have been discovered at some prior point in the litigation, which has been on-going for more than six years, which disfavors a stay. Finally, he determined that the potential additional time – the duration of reexamination plus time for appeals – would be unduly prejudicial to Egenera, in terms of witnesses’ ability to remember long-old events and in terms of Egenera losing its ability to obtain injunctive relief, as the reexamination could potentially consume the remaining term of the asserted patent.
Judge Stearns had previously denied Cisco System’s motion to stay pending inter partes review of the asserted patent after Egenera indicated it would voluntarily dismiss its infringement claims relating to the patent.
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