By Memorandum Opinion entered by Chief Judge Gregory M. Sleet in Imagevision.net, Inc. v. Internet Payment Exchange, Inc., Civil Action No. 12-054-GMS-MPT, the Court adopted the ultimate recommendation of Magistrate Judge Mary Pat Thynge and denied the motion of defendant, Internet Payment Exchange, Inc. (“IPX”), requesting a stay pending the conclusion of the inter partes reexamination of the patent-in-suit by the United States Patent and Trademark Office (the “PTO”). IPX had previously filed objections to Judge Thynge’s Report and Recommendation to deny IPX’s motion to stay and, among other things, argued that an incorrect overarching legal standard was applied. Id. at 2.
In adopting Judge Thynge’s ultimate recommendation over IPX’s objections, the Court found that the statement of the applicable legal standard set forth in Judge Thynge’s Report and Recommendation is correct and not contrary to the law, the decision of whether to grant a stay is ultimately left to the court’s discretion, and the decision to deny the stay was not clearly erroneous or contrary to the law. Id. at 9.
A complete copy of the Memorandum Opinion is attached.