Free Order Staying Case - District Court of Delaware - Delaware


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Date: May 18, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1:04-cv—01505-Gl\/IS Document 92 Filed 05/17/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THERMO FINNIGAN LLC, )
)
Plaintiff] )
)
v. ) C.A. No. 04-1505 (GMS)
)
APPLERA CORP., )
)
Defendant. )
ORDER
IT IS HEREBY ORDERED THAT:
The above-captioned action be STAYED pending re-examination ofthe patent-in-suit by the
Patent and Trademark Office, or until such time as the court lifts the stay of its own volition or
pursuant to a motion by either party.]
Dated: May [ Z , 2006
UNI ST TES DI TRI JUDGE
'It appears that the plaintiff learned of the re-examination on April ll, 2006, and yet, the
court was not notified ofthe parties’ agreement to stay until May 5, 2006. It appears, then, that there
may have been a significant delay between the agreement and notification. If so, counsel are advised
that such notification should be given as soon as possible so the court may avoid squandering over
a week of judicial resources crafting a claim—construction opinion that was on the verge of issuing.