Claims Stayed Under Customer Suit Exception      

Judge Albright concluded that (1) DoDots’ claims of infringement against the Defendants hinge on their sale of a manufacturer’s products; (2) the Defendants have agreed to be bound by the outcomes of the claims against the manufacturer; and (3) the manufacturer is the only source of the accused products.  The court stayed the claims, except for the limited purpose of allowing discovery against the defendants, pending resolution of the case against the manufacturer.

Plaintiff’s Motion To Stay Pending IPR Denied

It’s not as confusing as it sounds – the plaintiff was seeking to stay based on IPRs it had filed against the patents that the defendant had asserted in a counterclaim – but after the PTO had issued office actions rejecting all claims of one patent, and some of another.  Judge Albright denied the motion, noting that the fact that the defendant in this competitor case had not sought a preliminary injunction did not preclude it from asserting that it would face undue prejudice if the court granted the stay.

Motion To Dismiss Declaratory Judgment Complaint in MDL Proceeding

This is an MDL proceeding assigned to Judge Gilstrap.  The plaintiff filed a motion seeking relief with respect to a declaratory judgment defendant’s claims – specifically that the first to file rule apply to the DJ actions filed in the NDTX.  Judge Gilstrap agreed, and stayed the NDTX action.