LG Display Co., Ltd. v. Obayashi Seikou Co., Ltd., No. 11-1637 (RC) (D.D.C. Apr. 18, 2013) [click for opinion]

Following litigation of the dispute in Korea, where the highest court in the country ruled for Plaintiff, Plaintiff filed suit in the District Court for the District of Columbia and moved for partial summary judgment.  Defendants urged the district court to defer ruling on Plaintiff's motion until similar litigation underway in Japan was resolved.  The court rejected Defendants' suggestion and Defendants filed a motion to reconsider.

The district court denied Defendants' motion to reconsider and upheld its earlier decision for multiple reasons.  First, even if Defendants' suggestion to defer ruling on the motion for partial summary judgment was interpreted as a motion to stay proceedings pending the outcome of foreign litigation, the court did not apply a higher legal standard, because both decisions—stay or delay—fall entirely within the court’s discretion.  Secondly, the four pending actions in Japan were at various stages of the proceedings and had not reached their conclusion.  Additionally, the Japanese litigation, though it involved a similar set of facts, would not decide the precise legal questions at hand.  Finally, the district court would not be bound by the Japanese courts' decisions when they were issued.

The district court thus held that it had properly exercised its discretion and denied Defendants' motion for reconsideration