Opinion
No. C-07-06222 RMW.
July 1, 2008
ORDER GRANTING WURTH'S UNOPPOSED MOTION TO STAY [Re Docket No. 90]
On May 6, 2008, Wurth Elektronics Midcom, Inc. ("Wurth") moved to stay this patent case pending an ex parte request for reexamination at the Patent Office. Wurth's co-defendants, Bel Fuse, Inc., Elec Eltec (USA) Corp., and XFMRS, Inc., have all joined in the motion. See Docket No. 96, C-07-06222-RMW (N.D. Cal. May 15, 2008). The patent holder, Halo Electronics, Inc., has filed a statement of non-opposition to the motion to stay. See Docket No. 101, C-07-06222-RMW (N.D. Cal. May 30, 2008).
The court agrees that a stay is appropriate. While the Patent Act does not explicitly provide the district court the power to stay proceedings pending a reexamination, that is because the power to do so is inherent in the power of the district court. Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1426-27 (Fed. Cir. 1988). Here, a stay will promote judicial economy and prevent inconsistent outcomes.
Accordingly, the court orders the proceedings stayed until the United States Patent and Trademark Office has completed its reexamination proceedings of the patents in suit. In the event that the reexamination proceedings are completed, the parties shall notify the court within 30 days by filing a joint case management statement addressing the status of this litigation, whether Halo has filed a notice of appeal, and whether the stay should be lifted. Otherwise, the court sets a case management conference for March 13, 2009 at 10:30 a.m. to address the status of the reexamination and this case.