Opinion
Case No. 4:08CV306 JCH.
August 6, 2008
ORDER
This matter is before the Court upon its review of the record. On July 31, 2008, the parties submitted a Joint Statement for Continued Stay Pending Reexamination of Patent-In-Suit. (Doc. No. 18). In their Joint Statement, the parties indicated that the U.S. Patent and Trademark Office ("USPTO") granted Defendant Johns Manville's request for ex parte reexamination on July 21, 2008. The parties thus request that the stay in this matter be continued until the USPTO issues a Notice of Intent to Issue Ex Parte Reexamination Certificate. Upon consideration, the Court will grant the parties' request in part.
Accordingly,
IT IS HEREBY ORDERED that the stay in this action is CONTINUED. IT IS FURTHER ORDERED that within ten (10) days of any action by the USPTO, or by February 6, 2009 , whichever comes first, the parties shall file a joint statement reporting on the activity in this case, and indicating whether the stay should continue.