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Stay Pending Reexamination Denied in Walter Kidde Portable Equip., Inc. v. Universal Security Instruments, Inc. et al (MD)

August 19th, 2009

Walter Kidde Portable Equip., Inc. v. Universal Security Instruments, Inc. et al, 1:08-CV-02202 (MD.D. June 19, 2009, Order) (Garbis, J.), where the court denied a joint motion to stay litigation pending completion of reexamination proceedings.  The court found that the reexamination proceedings were not pending.  Rather, “[w]hat is pending is a request by Plaintiff to the USPTO that it commence reexamination proceedings.  Thus, at some time in the future – be it a week, a month or more from now – there might be a reexamination proceeding.”  The court noted, if the USPTO grants the request for reexamination, the parties could renew their joint motion to stay litigation, which the court would consider “in light of the status of the instant litigation at that time”.

Walter Kidde Portable Equip., Inc. v. Universal Security Instruments, Inc. et al (pdf)