Free Motion to Stay - District Court of Delaware - Delaware

Case 1:05-cv-00712-JJF

Document 5

Filed 11/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CENTILLION DATA SYSTEMS, LLC, a Delaware corporation, Plaintiff, v. AVOLENT, INC., a Delaware corporation, Defendant. ) ) ) ) ) ) ) ) ) ) )

C. A. No. 05-712 JURY TRIAL DEMANDED

AVOLENT INC.'S MOTION TO STAY ACTION PENDING REEXAMINATION OF THE '270 PATENT Defendant, Avolent Inc. ("Avolent"), respectfully moves to stay this proceeding pending reexamination of the patent-in-suit, U.S. Patent No. 5,287,270 (the "'270 Patent"), by the United States Patent and Trademark Office. 1 A third party has requested an ex parte reexamination of the '270 Patent, on May 5, 2005, based on new prior art not previously before the Patent Office. On June 26, 2005, the Patent Office granted the request for reexamination stating that a substantial new question of patentability affecting the claims was raised by the request for ex parte reexamination. The Reexamination encompasses all three independent claims of the '270 patent, including claim 1, which plaintiff has identified to Avolent as the basis for its claim of infringement. The reexamination will therefore directly affect the validity, claim scope, and/or claim construction of the claims of the '270 Patent and the defenses available to Avolent in this matter. Avolent therefore makes this motion in order to avoid prejudice that might result to it if it is required to litigate these questions before the Patent Office's reexamination is complete and in order to conserve judicial resources.

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Counsel for Avolent conferred with counsel for Centillion regarding the relief requested in this motion. Centillion would not agree to the requested stay.

Case 1:05-cv-00712-JJF

Document 5

Filed 11/08/2005

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Respectfully Submitted, POTTER ANDERSON & CORROON LLP

OF COUNSEL: A. James Isbester Gillian W. Thackray ISBESTER & ASSOCIATES 3160 College Avenue, Suite 203 Berkeley, CA 94705 Telephone: (510) 655-3014 Facsimile: (510) 655-3614 Dated: November 8, 2005
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By: /s/ David E. Moore Richard L. Horwitz (#2246) David E. Moore (#3983) Hercules Plaza, 6th Floor 1313 N. Market Street P.O. Box 951 Wilmington, DE 19899-0951 Tel.: (302) 984-6000 [email protected] [email protected] Attorneys for Defendant Avolent, Inc.

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Case 1:05-cv-00712-JJF

Document 5

Filed 11/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CERTIFICATE OF SERVICE I, David E. Moore, hereby certify that on November 8, 2005, the attached document was hand-delivered to the following persons and was electronically filed with the Clerk of the Court using CM/ECF which will send notification of such filing(s) to the following and the document is available for viewing and downloading from CM/ECF: Neal C. Belgam Dale R. Dubé Blank Rome LLP 1201 Market Street, Suite 800 Wilmington, DE 19801 I hereby certify that on November 8, 2005, I have Federal Expressed the documents to the following non-registered participants: Grant S. Palmer Blank Rome LLP One Logan Square Philadelphia, PA 19103-6299 Michael C. Greenbaum Joel R. Wolfson Denise Lane-White Blank Rome LLP 600 New Hampshire Avenue, NW Washington, DC 20037

By:

/s/ David E. Moore Richard L. Horwitz (#2246) David E. Moore (#3983) Potter Anderson & Corroon LLP Hercules Plaza, 6th Floor 1313 N. Market Street Wilmington, DE 19899-0951 (302) 984-6000 [email protected] [email protected]

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