Opinion
8:18-cv-01378-JLS-DFM
09-23-2024
Evolusion Concepts, Inc. v. Juggernaut Tactical, Inc.
CIVIL MINUTES - GENERAL
JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE
PROCEEDINGS: (IN CHAMBERS) ORDER RE JOINT STATUS REPORT (Doc. 227)
On September 17, 2024, the parties filed a joint status report informing the Court that the ex parte reexamination proceedings before the U.S. Patent & Trademark Office are nearing conclusion. (Status Report, Doc. 227.) Plaintiff argues that the reexamination outcome does not alter the Federal Circuit's decision in this matter, and that the Court can now lift the stay so that Plaintiff may seek an injunction on the basis of the Federal Circuit's infringement finding. (Id. at 2.) Defendant argues that the reexamination materially alters Plaintiff's patent eligible claims and there must be supplemental claim construction, additional discovery and amended pleadings, and that the stay should not lift until the Patent & Trademark Office issues the reexamination certificate and all proceedings before the Office are final. (Id. at 2-3.)
The Court will not lift the stay until a reexamination certificate is issued. At that time, the parties should submit to the Court more thorough briefing on the effect of the reexamination proceedings and attach as evidence any necessary documents from those proceedings. The Court sets the following briefing schedule:
• Within fourteen (14) days of the issuance of the reexamination certificate, Plaintiff shall file its brief, not to exceed eight (8) pages, detailing the developments in its patent claims since the Federal Circuit's decision. The brief should clearly support Plaintiff's position that the outcome of the reexamination proceedings did not affect the outcome of the Federal Circuit's infringement finding.
• Within seven (7) days of Plaintiff's brief, Defendant shall file a response, not to exceed eight (8) pages, detailing how it views the developments since the Federal Circuit's decision, the outcome of the reexamination proceedings, and why supplemental claim construction is necessary.
• No further briefing is permitted unless ordered by the Court.