Free Memorandum and Order - District Court of Delaware - Delaware

Case 1:07—cv—00519-JJF Document 38 Filed 05/09/2008 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SYMBOL TECHNOLOGIES, INC., :
and WIRELESS VALLEY COMM., :
INC . , :
PlaintiffS, ;
v. 3 Civil Action No. 07—5I9—JJF
ARUBA NETWORKS, INC., i
Defendant. E
MEMORANDUM ORDER
Defendant has filed a Motion To Stay Pending Re—examination
of the Patents—in—Suit (D I. 24). Defendant's motion presents
the typical grounds for a stay; however, the Court finds the
early stage of the proceedings and conservation of resources
contentions unpersuasive in view of the prejudice Plaintiffs may
suffer.
Plaintiffs have detailed the difference between an ex parte
and inter parties re—examination and the delay implicit in
either. In sum, Plaintiffs argue that Defendant's re—examination
strategy will severely prejudice them and not advance resolution
of the patent issues in this litigation.
The Court has considered the parties' arguments and
concludes that a stay of this matter will unduly prejudice
Plaintiffs in pursuing enforcement of their patents and
Plaintiffs corresponding business interests.

Case 1:07—cv—00519-JJF Document 38 Filed 05/09/2008 Page 2 of 2
NOW THEREFORE, IT IS HEREBY ORDERED that Defendant's Motion
To Stay Pending Re—examination of the Patents—in—Suit (D.I. 24)
is DENIED.
\
May 2008 gw Mi. ;§ » --/M!-
ED TA DISTR JUDGE

Case 1:07-cv-00519-JJF

Document 38

Filed 05/09/2008

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Case 1:07-cv-00519-JJF

Document 38

Filed 05/09/2008

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