JAMES S. GWIN, District Judge.
Plaintiff LILLEbaby, LLC makes and sells adaptable baby carriers.
Alleging that Defendants BabySwede LLC, BabyBjorn AB, and BabyBjorn, Inc. infringed upon these patents through competing products, LILLEbaby filed this case.
On April 4, 2019, the ITC began an investigation under Section 337 of the Tariff Act of 1930 into Plaintiff's allegations (Investigation No. 337-TA-1154).
Defendants BabyBjorn AB and BabyBjorn, Inc. now move to stay the case pending the ITC investigation's conclusion.
Under 28 U.S.C. § 1659(a), the Court must stay a case that involves the same issues and parties as those involved in an ITC Section 337 investigation, when a respondent to that investigation requests a stay. Such request must be made within thirty days of either the case being filed, or the movant being named as a respondent in the ITC investigation.
Here, the parties to this case are also parties to the ITC investigation. This case and the investigation involve alleged infringement of the same patents. And the movants filed their motion to stay within thirty days of being named respondents in that investigation.
Thus, the Court GRANTS Defendants BabyBjorn AB and BabyBjorn, Inc.'s motion to stay. Accordingly, this action is STAYED pending final resolution of ITC Investigation No. 337-TA-1154.
IT IS SO ORDERED.