Free Order on Motion for Leave to File Amicus Brief - District Court of Delaware - Delaware


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Date: June 6, 2008
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State: Delaware
Category: District Court of Delaware
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Preview Order on Motion for Leave to File Amicus Brief - District Court of Delaware
Case 1:06-cv-00098-SLR Document 29 Filed 06/06/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SECURE ELEMENTS, INC., )
Plaintiff, g
v. g Civ. No. 06-098-SLR
CITADEL SECURITY SOFTWARE, g
_ INC., )
)
Defendant. )
O R D E R
At Wilmington this 6th day of June, 2008, having considered the motion of
McAfee, Inc. seeking leave to file a brief as amicus curiae, as well as plaintiffs
response thereto;
IT IS ORDERED that said motion (D.I. 27) is denied.
IT IS FURTHER ORDERED, however, that the order to show cause issued by
the court on April 22, 2008 has been adequately explained by the above papers. The
court will not enterjudgment against the named defendant, as that defendant
(apparently) no longer owns the patent in dispute.
`THEREFORE, IT IS FURTHER ORDERED that, on or before July 7, 2008,
plaintiff shall show cause why the above captioned matter should not be dismissed
without prejudice, pending re-examination by the PTO. The court does not generally
stay filed cases pending re-examination for the very reason illustrated by this case; the
stay order was issued May 12, 2006 (D.I. 17), with no resolution to date, more than two

Case 1:06-cv-00098-SLR Document 29 Filed 06/06/2008 Page 2 of 2
years later. Plaintiff has the choice of either resuming this litigation against the real
party in interest, or dismissing this action in favor of the administrative proceedings.
United States%istrict Judge
2