Motorola Mobility, Inc., et. al. v. TiVo Inc., 5:11cv053 (E.D. Tex. 7/6/11)
Judge: Caroline Craven
Holding: Motion to Stay GRANTED
TiVo filed a motion to stay, asserting that Motorola filed this case in retaliation for TiVo's filing another case against Motorola's customer Verizon. Judge Craven noted that TiVo relied on the "first to file" rule, but held that the rule did not apply in this case "as both the Verizon Lawsuit and this case are pending before the same district judge, eliminating the concern over comity and minimizing the concerns of inconsistent and duplicative rulings. Rather than apply the two-part test relied upon by TiVo, in determining whether to stay this litigation, the Court will instead apply the factors laid out by this Court in Soverain Software LLC v. Amazon.com, 356 F.Supp.2d 660 (E.D. Tex. 2005)" which I note were in the context of a stay pending reexam, thus providing these factors with a new context.
Judge Craven eventually concluded that "[w]hen considering the totality of the circumstances, the Court finds this lawsuit should be stayed in its entirety for six months, pending resolution of the Verizon Lawsuit. The stay shall be automatically lifted on January 3, 2012, and a status conference is scheduled before the undersigned at 10:00 a.m. on January 4, 2012. TiVo may request another stay at that time if circumstances warrant."
From Docket Navigator.