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Message: Pacer: e.Digital Corporation v. ArcSoft - order denying motion to stay

The claim construction hearing is scheduled for January 21, 2016. (Id.) On July 1, 2014, e.Digital filed a complaint for patent infringement against Dropcam, Inc. (“Dropcam”) alleging infringement of the same pool of patents at issue in the present case, though the asserted claims vary.

The Stage of Litigation Factor Weighs Against a Stay As pointed out in the introduction, by the time this motion is heard, the case will have been pending for ten months. While no trial date has been set, this Court has set the final pretrial conference for December 5, 2016.

This is because the public policy favoring “expeditious resolutions of litigation” favors allowing litigation to proceed where the grant of a petition for IPR is speculative.“issuing a stay would disrupt the proceedings leading to trial”

a stay would prohibit e.Digital from obtaining any discovery from Arcsoft. This would present a clear and heavy tactical advantage in favor of Arcsoft.Based on the foregoing, this factor weighs heavily against a stay.

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