Heinz Kettler GMBH & Co., KG v. Indian Indus., 592 F. Supp. 2d 880 (E.D.VA Jan. 6, 2009)
Patent 6,990,910
Reexamination 95/001,090
Defendants: Give the inter partes reexamination process time to work. The process can only work if decisions in the reexam have been made before you use the results in court.
This court's analysis denying a stay had one paragraph and one point: the motion for stay is premature because the reexamination is not granted yet. The court invited the defendant to refile the motion once the reexam was granted.
The day after the motion was denied, on January 7th, the USPTO ordered the reexamination and delivered an office action rejecting all claims being reexamined.
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