IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWAREPRAGMA TUS TELECOM LLC,Plaintiff,
GENERAL MOTORS LLC,Defendant.Civil Action No. 12-1545-RGA
Before the Court is a motion to stay this case pending the resolution
the supplier'sdeclaratory judgment action. (D.I. 9). The motion has been briefed and argued, and the Courthas also received supplemental letters.There are efficiencies that can be obtained from the granting
such a motion. Theremay also be fairness or unfairness depending on the representations the accused infringer makesin connection with its motion. Sometimes the motions are pretty easy. The supplier makes aproduct, transfers it to the customer, and the customer sells it to third parties. The resolution
the supplier case will almost certainly resolve the customer case.
the supplier win, the patentholder is collaterally estopped against the customer.
the supplier loses, the patent holdercannot get any additional damages against the customer. I am not, however, seeing those kinds
cases. Instead, the ones I see involve a supplier who makes something "computer softwarerelated," and the customer uses it. The resolution
the supplier case does not provide the samelevel
probability that its resolution will moot the customer case. Thus, when considering thetraditional stay factors, the factor that traditionally favors granting the stay (that is,simplification) is not so clear. This case presents such an example. The customer says it will be
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