Additionally, as the Court will recall, Micron has had notice since at least October 17, 2014 that it could have filed its petition and sought a stay in as much as another e.Digital Defendant, Intel Corporation, publically filed a similar motion to stay on that date in the related case e.Digital Corporation v. Intel Corporation. Ultimately, the Court declined to grant the motion to stay in that matter (Dkt No. 42) and the case later settled.
As of the date of this filing, claim construction proceedings are nearly complete. Going forward, the parties will conduct fact and expert discovery, but the PTAB is expected to decide whether to grant Micron’s petition well in advance of trial. To the extent the PTAB reaches any conclusions that would have an impact on this case, those can be addressed well in advance of trial or any other final resolution of the case. The expected developments in this litigation going forward are therefore unlikely to irreparably complicate the issues, particularly when weighed against loss of time that would occur if the petition were denied.
