LG Electronics, Inc., et al. v. Toshiba Samsung Storage, et al., C.A. No. 12-1063-LPS-CJB, December 11, 2015.
Stark, C. J. Defendant’s motion to stay proceedings as to the ‘162 patent is granted as unopposed. Its motion to stay pending conclusion of appeals of the ‘126 patent is denied.
With respect to simplification of issues for trial, the Federal Circuit’s decision expected in May or June of 2016 could impact on the six claims at issue. It could alter the parties’ views on claim construction and possibly necessitate some backtracking. Regarding the stage of this litigation, although a case schedule had not been entered until July 29, 2015, the case was filed in 2012 and delayed by motion practice. Also, a lot of judicial resources have been spent to resolve motions to dismiss. The prospect of causing undue prejudice to the non-movant weighs against a stay. Due to the unique history of this case the “status of the litigation” factor is neutral. The court denies the motion because of its age, and the parties court work with the court to alter dates for claim construction if necessary.