On November 9, 2009, Judge William C. Griesbach granted Sturm’s motion to stay the litigation of Multibene Ingredients OY LTD v. Sturm Foods Inc pending the results of an ex parte reexamination with respect to the patent-in-suit U.S. Patent No. 6,136,349 (“the ’349 patent”) and Reexamination Control No. 90/009,487. The ’349 patent relates to food seasonings, ingredients, or compositions treated with a type of naturally occurring plant compound, called sterols, and mineral nutrients, such as magnesium, calcium or potassium. In its motion to the Court dated July 23, 2009, which was filed one week after the request was put on the record with the USPTO, Sturm cited CRU statistics released on March 31, 2009 stating: “Statistically speaking, there is a very high likelihood that Sturm’s request of reexamination of the ’349 patent will be granted and some or all of the claims will be either canceled or changed during the reexamination.” Sturm’s request for ex parte reexamination was granted on August 13, 2009. The first office action was mailed on November 6, 2009. Three days later the present stay was Ordered. Read the Order Granting Reexamination and First Office Action: 90009487 – Order Granting Request and First Office Action – Mailed 11-06-2009

The Court stated little with respect to the conventional factors but noted that since the USPTO had granted substantive reexamination of the ‘359 patent based upon prior art not initially considered that the defendant claims precludes issuance, its decision was to stay the matter until the USPTO reached a decision regarding the status of the subject claims in view of this art. Read the Court’s Order Granting the Stay: Motion for Stay Pending Reexamination; 2009-11-09; Granted; District Judge William C. Griesbach; Multibene Ingredients OY LTD v. Sturm Foods Inc (2-09-cv-00946) WIED

The case is Multibene Ingredients OY LTD v. Sturm Foods Inc, case number 2-09-cv-00946, in the United States District Court of in the Eastern District of Wisconsin.