On November 13, 2009, District Judge Barry Ted Moskowitz granted Target’s motion to stay the litigation filed in September pending reexamination of the patent in suit, U.S. Patent No. 4,935,184 (’184 Patent) with ex parte reexamination proceedings 90/008,976 (filed 12-21-2007) and 90/008,775 (filed on 07-30-2007), currently pending.

Read the Court Order: Motion for Stay Pending Reexamination; 2009-11-13; Granted; District Judge Barry Ted Moskowitz; Sorensen v. Target Brands, Inc. et al (3-09-cv-00056) CASD

The Court was succinct and issued an order one half page in duration.  The Court concluded that a stay was appropriate because: (1) the litigation is still in its early stages, (2) plaintiff had not established undue prejudice, and (3) the reexamination will simplify issues for the Court and save expense for both parties. It was noted that the USPTO “recently rejected all of the reexamined claims” on August 8, 2009 in both proceedings, providing further support for granting the stay. Judge Moskowitz indicated, however, that if the reexamination will not be completed “within a reasonable time” the plaintiff may move to vacate the stay. Of note, amendments to the claims in response to the office action referenced by the Court were submitted October 21, 2009 by plaintiff’s reexamination counsel following an in person interview with the Examiner conducted in March.

The case is Sorensen v. Target Brands, Inc. et al, case number 3-09-cv-00056, in the United States District Court of in the Southern District of California.