e.Digital Corporation v. Micron Consumer Products Group, Inc.

• Assigned to: Judge Marilyn L. Huff
• Referred to: Magistrate Judge Bernard G. Skomal

04/16/2015 67 Minute ORDER: On April 15, 2015, the parties filed a joint motion to stay the case pending inter partes review. (Doc. No. 66 .) On February 5, 2015, the Court denied the Micron Defendants motion to stay the case pending inter partes review. (Doc. No. 51 .) The Courts tentative ruling is to deny the joint motion to stay the case pending inter partes review for the same reasons stated in the Courts February 5, 2015 order.

Trial is set for October 27, 2015, the Court issued its claim construction order on February 19, 2015, and the PTO has not yet decided whether to grant inter partes review of the 108 patent. Further, the deadline to amend pleadings was October 6, 2014. (13cv2889, Doc. No. 26.) Accordingly, the three factors relevant to granting a stay pending inter partes review weigh in favor of denying the parties motion. See Netlist, Inc. v. Smart Storage Systems, 2014 U.S. Dist. LEXIS 116979, at *4 (N.D. Cal. Aug. 21, 2014).

The Court schedules a telephonic conference with the parties for April 17, 2015 at 10:00 a.m. The Court will initiate the call. SO ORDERED on 4/16/2015 by Judge Marilyn L. Huff.(no document attached) (smy) (Entered: 04/16/2015)