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Judge Cites Length of Patent Reexamination in Denying Stay

Posted On: Jun. 17, 2010   By: Robert C. Mattson

neverendingEarlier this month, a federal judge in Florida cited to the PTO’s Ex Parte Reexamination Filing Data in denying an accused infringer’s request for a stay pending reexamination of the patent-in-suit. Fusilamp, LLC v. Littlefuse, Inc., Case No. 10-20528 (S.D. Fla. June 7, 2010). Judge Cecilia M. Altonaga pointed out that statistics show that “the reexamination process takes on average 25.4 months to complete, and another 24 months on average for appeals.” Defendant Littlefuse had filed its request for ex parte reexamination prior to the commencement of the district court action. Although judicial economy favored a stay, Judge Altonaga found the uncertainty in the length of reexamination proceedings disconcerting: “the length of the stay, if issued in this case, appears to be indefinite, and as such, is immoderate and unlawful.”

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