Opinion
ORDER MAINTAINING STAY
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
A prior judge ruled that a stay was warranted “pending resolution of the PTO reexamination process” (Dkt. No. 111). The parties have filed a joint status report stating that after a hearing, the Board of Appeals of the United States Patent & Trademark Office affirmed in full the patent examiner’s action closing the prosecution, with all claims standing rejected (Dkt. No. 170). Plaintiff filed a notice of appeal of the Board’s decision to the Federal Circuit. The parties jointly request that the stay remain in place pending that appeal. A joint status report shall be due by the earlier of (i) a final disposition at the Federal Circuit or (ii) Noon on September 8.
IT IS SO ORDERED.