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Stay Pending Reexamination Denied in Revolution Eyewear, Inc. v. Aspex Eyewear, Inc., et al. (CDCA)

August 21st, 2009

Revolution Eyewear, Inc. v. Aspex Eyewear, Inc., et al., 02-CV-01087 (C.D.Ca. July 8, 2009, Order) (Phillips, J.), where the court denied plaintiff’s motion to stay execution of judgment pending reexamination.Ā  The Court would not stay execution of judgment under Federal Rule of Civil Procedure 62 because the stay sought is premised on proceedings before the PTO, rather than an appeal to a Federal Court.

Revolution Eyewear, Inc. v. Aspex Eyewear, Inc., et al. (pdf)