and '905 Patents were issued to C.R. Bard, Inc.
and October 5, 2010, respectively and were assigned to Davol
July 12, 2012. (D.I.
at 3.) The
and '905 Patents relate to implamnatable hernia patchesand the treatment
tissue or muscle defects using such patches. (!d.) Davol alleges that Atriumsells a competing hernia repair product that infringes these patents.
STANDARD OF REVIEW
whether to grant a stay rests within the sound discretion
the court as aproduct
its inherent power to manage its own docket so as to conserve judicial resources.
Travelers Indemnity Co.,
760 F.2d 58, 60 (3d Cir. 1985);
No. 10-363-GMS, 2012 WL 769601, at *6 (D. Del. Mar. 9, 2012).
iswell settled that this authority extends to patent cases in which a review
reexamination by thePTO has been requested.
1422, 1426-27 (Fed. Cir. 1988);
Internet Payment Exch., Inc.,
No. 12-054-GMS-MPT, 2013 WL 663535at
(D. Del. Feb, 2013),
Abbott Diabetes Care,
No. 06-513-GMS, 2007 WL 2892707, at *4 (D. Del. Sept, 2007). Thecourt looks to the following factors in assessing the propriety
a stay: "(1) whether a staywould unduly prejudice or present a clear tactical disadvantage to the non-moving party; (2)whether a stay will simplify the issues in question and trial
the case; and (3) whether
also the owner
the '420 Patent, which was issued to Bard on November 2, 2010 and assignedto Davol on July
at 4.) Atrium has not sought an
the '420 Patent.