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Message: Re: From Pacer 2
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Jun 19, 2010 12:43AM
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Jun 19, 2010 05:22AM
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Jun 19, 2010 11:46AM

Jun 19, 2010 11:51AM
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Jun 19, 2010 01:02PM
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Jun 19, 2010 03:22PM
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Jun 20, 2010 10:09AM

If only:

District court judges have inherent and almost unfettered control over their own dockets. A decision to stay a case is reviewed for abuse of discretion—a very difficult standard to overcome on appeal. Further, district court judges have great flexibility in the types of stays they issue. For instance, in one Eastern District of Texas case, Judge Everingham granted a motion to stay the litigation based on the accused infringer’s ex parte reexamination request. In the order granting the stay, the court crafted a stipulation that the accused infringer must agree not to challenge the validity at trial of the patents-in-suit based on prior art patents or printed publications that were considered in the reexamination proceedings. Ordinarily, these estoppels only apply to inter partes reexams, and only after the proceeding has concluded. Further, the accused infringer was barred from directly or indirectly instituting any further reexamination proceedings, despite being statutorily allowed to do so.

http://reexamcenter.com/essentials/reexamination-timeline/

Perhaps, in future stay requests, a similar stipulation could be presented by PTSC/TPL?

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Be well

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Jun 20, 2010 12:23PM
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Jun 20, 2010 12:44PM
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Jun 21, 2010 10:07AM

Jun 21, 2010 01:15PM

Jun 21, 2010 01:24PM
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