mcePaste” style=”overflow: hidden; left: -10000px; width: 1px; position: absolute; top: 0px; height: 1px;”>On April 14, 2009, USDJ David Folsom issued an order denying Defendant’s, Fanuc Ltd., et al, motion to stay litigation pending the outcome inter partes and ex partes reexamination of patents-in-suit: 3 inter partes, 1 ex parte. ROY-G-BIV Corp. v. FANUC Ltd. et al., No. 2:07-CV-418 (E.D. Tex., April 14, 2009) “it is this Court’s experience that the reexamination process may actually complicate a case by creating additional prosecution history estoppel and disavowal arguments that must be addressed during claim construction.” Judge Folsom concluded that although discovery was not complete, claim construction briefing was complete, and trial is six months away. Accordingly, Judge Folsom denied Defendant’s motion.
