reasons stated below, the Court GRANTS the motions.
Plaintiff Princeton Digital Image Corporation
or Princeton Digital ) filed the
November 13, 2012. (D.I.
The initial Complaint was amended twice, and the Second Amended Complaint was answered
March 2013. (D.I. 8, 24-27) The Court held a Rule 16 conference
August 16, 2013 and issued a Scheduling Order on August 23, 2013. (D
the Rule 16 conference, the parties requested that the Court hold an early, limited claim construction hearing regarding two claim terms; that hearing was held on October 22, 2013 and a decision has not yet been issued. (D.I.
at 2) All party-initiated discovery, as well as service
infringement and invalidity contentions, was stayed pending the outcome
the limited claim construction proceeding.
4(a) & Appendix B) A further
hearing was scheduled for
28, 2014 and no trial date has been set.
November 15, 2013, Harmonix filed its petition for
review ( IPR )
5-6, 8-13, 15-19 and 21-23
the '129 Patent, asserting that all
the claims should
cancelled, as they are anticipated
the prior art. (D.I. 67 at 1 & ex. 1) It filed the motion to stay on December 3, 2013, and briefing was complete
December 30, 2013. made in the briefing
Action, D.I. 42, 50)
citations herein are therefore to the briefing in the
Action, unless otherwise noted.
July 17, 2013, Judge Leonard P. Stark referred both cases to the Court to hear and resolve all pretrial matters,
to and including the resolution
case-dispositive motions. (D.I. 30,
Action, D.I. 1 0) 2
Case 1:12-cv-01461-LPS-CJB Document 70 Filed 01/15/14 Page 2 of 14 PageID #: 1053