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Message: Re: Pacer : Loud cry by Apple ( Kevin J. O’Shea) re SUPPORT of motion(2).....
. But Plaintiff does not explain why it
believes that the Court
should break up these cases and conduct multiple Markman
hearings. Considering that the
Huawei appeal could be resolved as early as July, 2014,
and possibly sooner, there is no reason for the Court to stagger these cases and conduct
multiple, seriatim
Markman hearings. Instead, the Court should stay these consolidated
cases pending the resolution of Plaintiff’s appeal of the Collateral Estoppel Order.
III. Conclusion
For the foregoing reasons, each of the factors considered by courts in deciding
whether to stay litigation weighs strongly in favor of granting a stay of the pending cases.
Staying these cases will conserve significant resources for the Court and the parties,
without causing undue prejudice to Plaintiff. Defendants, therefore, respectfully request
that the Court stay the instant cases pending the Federal Circuit’s resolution of Plaintiff’s
appeal of the Court’s Collateral Estoppel Order.
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