02 Micro Intern. Ltd. v. Beyond Innovation Technology Co., Ltd., 2008 WL 4809093 (E.D.Tex.,2008)
Judge: T. John Ward.
Holding: Motion for Stay Denied
On May 15, 2006, a jury in this case found that defendants willfully infringed claims 1, 15, 35, and 39 of the ′615 patent, claims 12 and 16 of the ′722 patent, and claims 13, 16, and 17 of the ′129 patent, all of which are owned by Plaintiff O2 Micro International Ltd.. Judge Ward entered a final judgment and permanent injunction against the defendants on March 21, 2007. On appeal, the Federal Circuit found that the Court had failed to resolve a fundamental dispute regarding the scope of the claim term “only if,” and therefore vacated the jury verdict, the final judgment of infringement, and the permanent injunction, remanding the case back to this Court. O2 Micro Intern. Ltd. v. Beyond Innovation Technology Co., Ltd., 521 F.3d 1351 (Fed.Cir.2008).
Defendants now asked Judge Ward to stay this litigation
pending reexaminations of the patents by
the USPTO, as well as a pending appeal from related litigation in the Northern
District of California. Judge Ward denied the motion to stay litigation
for the reasons expressed in the opinion, which I won't detail here.
