Free Letter - District Court of Delaware - Delaware

Case 1:06-cv-00098-SLR

Document 11

Filed 04/06/2006

Page 1 of 2

Case 1:06-cv-00098-SLR

Document 11

Filed 04/06/2006

Page 2 of 2

Case 1:06-cv-00098-SLR

Document 11-2

Filed 04/06/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

SECURE ELEMENTS, INC., Plaintiff, v. CITADEL SECURITY SOFTWARE, INC., Defendant.

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C.A. No. 06-98-KAJ

ORDER

WHEREAS, a Rule 16 teleconference in the above action is scheduled to take place at 9:30 a.m. on April 17, 2006; WHEREAS, it has been represented to the Court by plaintiff ("Secure Elements") that a request for reexamination of all claims of the patent-in-suit was filed with the United States Patent and Trademark Office ("PTO") on March 2, 2006, and that under PTO practice, a decision on that request is anticipated by no later than June 2, 2006; WHEREAS, if the PTO grants the request, Secure Elements has indicated that it will seek a stay of this action pending the results of the reexamination; WHEREAS, Secure Elements has asked the Court to cancel the Rule 16 conference in order to defer work on the case schedule by the parties and the Court until after the PTO has decided whether to grant the request for reexamination; and WHEREAS, the Court has concluded that there are good grounds for the relief requested by Secure Elements; now therefore,

Case 1:06-cv-00098-SLR

Document 11-2

Filed 04/06/2006

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IT IS HEREBY ORDERED, this ________ day of _________________________, 2006, as follows: 1. The Rule 16 teleconference currently scheduled to take place at 9:30 a.m. on

April 17, 2006 is canceled. 2. When the PTO decides the request for reexamination, counsel to defendant

("Citadel") shall notify Secure Elements' counsel of the decision. 3. If the PTO grants the request, then within one week of receiving Citadel's notice

of the decision, Secure Elements shall file its motion and supporting papers seeking a stay of the litigation pending the outcome of the reexamination. If the PTO denies the request, then within 48 hours of receiving Citadel's notice of the decision, Secure Elements shall so advise the Court and shall request the scheduling of a new Rule 16 teleconference.

____________________________________ United States District Judge

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