Cronos Technologies, LLC v. Expedia, Inc., et al., C.A. Nos. 13-1538 – LPS; 13-1541-LPS; 13-1544-LPS, March 21, 2016
Stark, C. J. Defendants’ motion to stay pending ex parte reexamination is denied.
The simplification factor does not favor a stay because the issues left for trial do not completely overlap those to be resolved in reexamination. The second factor, whether discovery is complete and whether a trial date has been set, disfavors a stay. A trial date has been set for August, 2016, and expert discovery is complete and case dispositive and Daubert motions have been filed. Finally, delay in requesting the reexam will unduly prejudice the plaintiff. Given the early stage of reexamination, it is likely the stay could last many years.