Filed: Feb. 02, 2015
Latest Update: Feb. 02, 2015
Summary: STIPULATION AND ORDER TO STAY LITIGATION PENDING THE OUTCOME OF EX PARTE REEXAMINATION OF THE PATENT-IN-SUIT BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE RICHARD F. BOULWARE, II, District Judge. Pursuant to LR 7-1 and 16.1-20, it is hereby stipulated and agreed by and among plaintiffs MT. DERM GmbH and NOUVEAU COSMETIQUE USA, Inc. ("Mt. Derm" or "Plaintiff") and defendant Connect, Inc., d/b/a NPM USA ("Connect" or "Defendant") (for purposes of this stipulation only, collectively the "P
Summary: STIPULATION AND ORDER TO STAY LITIGATION PENDING THE OUTCOME OF EX PARTE REEXAMINATION OF THE PATENT-IN-SUIT BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE RICHARD F. BOULWARE, II, District Judge. Pursuant to LR 7-1 and 16.1-20, it is hereby stipulated and agreed by and among plaintiffs MT. DERM GmbH and NOUVEAU COSMETIQUE USA, Inc. ("Mt. Derm" or "Plaintiff") and defendant Connect, Inc., d/b/a NPM USA ("Connect" or "Defendant") (for purposes of this stipulation only, collectively the "Pa..
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STIPULATION AND ORDER TO STAY LITIGATION PENDING THE OUTCOME OF EX PARTE REEXAMINATION OF THE PATENT-IN-SUIT BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE
RICHARD F. BOULWARE, II, District Judge.
Pursuant to LR 7-1 and 16.1-20, it is hereby stipulated and agreed by and among plaintiffs MT. DERM GmbH and NOUVEAU COSMETIQUE USA, Inc. ("Mt. Derm" or "Plaintiff") and defendant Connect, Inc., d/b/a NPM USA ("Connect" or "Defendant") (for purposes of this stipulation only, collectively the "Parties"), by and through their respective counsel, that this litigation be stayed pending the outcome of ex parte reexamination Serial No. 90/013,371, which is currently pending before the United States Patent and Trademark Office ("USPTO"). That reexamination concerns the patent asserted in this litigation, United States Patent No. 6,505,530 ("the `530 patent"). The USPTO ordered the reexamination on November 6, 2014 (attached as Exhibit A). The USPTO's order granting reexamination applies to all claims of the `530 patent that are asserted against Connect in this litigation.
The Parties thus stipulate and agree that (1) the stay will not unduly prejudice or present a clear tactical disadvantage to either of the Parties, and (2) that the stay will simplify the issues in question and the trial of the case. See LR 16.1-20. Further, pursuant to LR 16.1-20, the Parties stipulate and represent the following: (1) the Discovery Plan and Scheduling Order was entered on October 31, 2014; (2) fact discovery is ongoing, and is set to close on July 30, 2015; (3) the Parties have exchanged initial disclosures, initial infringement contentions, and initial noninfringement, invalidity, and unenforceability contentions, but have not exchanged any other written discovery (including interrogatories or requests for production), and no depositions have been taken or scheduled; and (4) no trial date has been set. Id.
Accordingly, the Parties respectfully request the Court stay all proceedings in this litigation pending the outcome of the above-referenced reexamination proceeding before the USPTO. The Parties stipulate and agree to file a joint status report ten (10) judicial days after the outcome of the reexamination to notify the Court of the status.
IT IS SO ORDERED:
EXHIBIT A
