Free Order - District Court of Delaware - Delaware

Case 1:07-cv-00054-JJF Document 31 Filed 07/11/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RENESAS TECHNOLOGY CORP., :
Plaintiff, Z
v. E Civil Action No. 07-054 JJF
SAMSUNG ELECTRONICS CO. LTD., Z
SAMSUNG ELECTRONICS z
AMERICA INC., :
Defendants. ;
MEMORANDUM ORDER
Plaintiff, Renesas Technology Corp. has filed three (3)
actions against Defendant Samsung. Specifically, Renesas filed a
matter before the International Trade Commission (“ITC") (Inv.
No. 337-TA-595) and two cases in this Court (Renesas Technology
Corp. v. Samsung Electronics Co. Ltd., et al., C.A. Nos. 07-53
and C.A. Nos. 07-54).
The ITC matter is scheduled to be resolved by June
2008. The 07-53 case in this Court is stayed pending the ITC
decision. At issue in the Defendants' present motion is whether
I should consolidate this case (C.A. No. 07-54) with the 07-53
case thereby staying both cases until June 2008.
Renesas opposes the consolidation and stay pointing out
that its separate filing of the 07-53 and 07-54 cases was
intended to avoid just such a result because it argues the patent
issues between the cases are distinct.
Samsung argues the standards applied by courts when
considering stay applications clearly counsel that the instant
motion should be granted.
I have read the parties' submissions and agree that the

Case 1:07-cv-00054-JJF Document 31 Filed 07/11/2007 Page 2 of 2
relevant factors all weigh heavily in favor of granting the
motion. Even if Renesas is correct that the patent issues in 07-
54 are distinguishable, without any real prejudice demonstrated,
I find that it is prudent to wait for the ITC June 2008 decision.
THEREFORE, IT IS HEREBY ORDERED that:
1) Defendants' Motion to Consolidate and Stay is
GRANTED (D.I. 24).
2) Upon the issuance of a decision by the
International Trade Commission in its matter (Inv.
No. 337—TA—595), the parties shall, within ten
(10) days arrange a Rule 16 status conference with
the Court.
3) Pending a decision of the ITC, this matter is
ADMINISTRATIVELY CLOSED.
Juiy; /2 , 2007
DATE UNITJD AT DISTRICT 0 E