Drink Tanks Corporation v. GrowlerWerks Inc.
| Drink Tanks Corporation |
| GrowlerWerks Inc. |
| Drink Tanks Corporation |
| GrowlerWerks Inc. |
| Andrew Colin Mayo |
| Steven J. Balick |
| 3:2016cv00410 |
| March 7, 2016 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael H. Simon |
| Patent |
| 35 U.S.C. ยง 271 Patent Infringement |
| Plaintiff |
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Filing
72
Opinion and Order - Absent a stay, the parties and the Court will invariably expend significant time and resources conducting additional fact discovery, undertaking expert discovery, engaging in dispositive motion practice, and preparing for trial. T hese efforts could be rendered moot if the USPTO institutes an inter partes review trial, especially since canceling or amending a patent claim in an inter partes review proceeding to cure invalidity moots the patentees cause of action for that paten t claim. Fresenius USA, Inc. v. Baxter Intern., Inc., 721 F.3d 1330, 1340 (Fed. Cir. 2013). For these and all of the reasons set forth above, GrowlerWerks respectfully requests that the Court grant this motion, and stay the litigation pending the completion of the inter partes review of the 670 patent. Signed on 6/19/2017 by Judge Michael H. Simon. (mja)
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Filing
56
Opinion and Order - GrowlerWerks's motion for a stay pending IPR (ECF 42 ) is DENIED WITHOUT PREJUDICE and with leave to refile, if appropriate, based on new circumstances consistent with this Opinion and Order. The parties shall file a joint status report informing the Court of the disposition of GrowlerWerk's petition within seven days of the PTO's final decision on whether to grant IPR. Signed on 7/15/2016 by Judge Michael H. Simon. (mja)
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