Free Motion to Stay - District Court of California - California

Case 3:08-cv-00060-BTM-CAB

Document 29

Filed 03/24/2008

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1 Orlando Cabanday, (SBN 168131)

ocabanday(ihg1a.com
2 Hennelly & Grossfe1d LLP

4640 Admialty Way
3 Suite 850

Marina Del Rey, CA 90292
4 Telephone: (310)305-2100 Fax: (310)305-2116 5

Roger G. Perkins, Esq., CSB #86617 6 Rperkins(impplaw.com

Angela Kim, Esq., CSB #216374
7 Akim(impplaw.com MORRS POLICH & PURDY LLP
8 501 West Broadway, Suite 500

San Diego, California 92101
9 Telephone: (619) 557-0404
Facsimile: (619) 557-0460

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11 Rmallin(ibrinshofer.com

Robert S. Mallin, Ilinois Bar No. 6205051

Brins Hofer Gilson & Lione

12 NBC Tower, Suite 3600 455 North Cityfront Plaza Drive
13 Chicago, IL 60611-5599
Telephone: (312) 321-4221

14 Facsimile: (312) 321-4299
15 Attorneys for Defendants Emerson Electric Co., Ridge Tool Company, and Ridgid Inc.

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA
JENS ERIK SORENSEN, As Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST,
Plaintiff,
v.

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CASE NO. 3:08-cv-00060-BTM-CAB

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EMERSON ELECTRIC CO., a Missouri Corporation; ONE WORLD TECHNOLOGIES, Date: May 16, 2008 INC., a Delaware corporation; RIDGE TOOL Time: 11 :00 a.m. COMP ANY, an Ohio Corporation; RIDGID, Courtroom: 15 INC., a Delaware corporation; and DOES 1-100 Hon. Bar Ted Moskowitz
Defendants.

NOTICE OF MOTION AND DEFENDANTS' MOTION TO STAY THE LITIGATION PENDING THE OUTCOME OF REEXAMINATION PROCEEDINGS

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NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT

NOTICE OF MOTION AND DEFENDANTS' MOTION TO STAY

PENDING OUTCOME OF REEXAINATION PROCEEDINGS
3 :08-CV -00060-BTM -CAB

Case 3:08-cv-00060-BTM-CAB

Document 29

Filed 03/24/2008

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1 NOTICE is HEREBY GIVEN that on May 16, 2008, or as soon as thereafter as the matter may
2 be heard by the above-entitled Court, located at 940 Front Street, San Diego, CA 92101, Defendants

3 Emerson Electric Co. ("EEC"), Ridge Tool Company ("RTC"), and Ridgid Inc. ("RI") (collectively
4 "EMERSON") wil and hereby respectfully move for a stay of

the above-captioned proceeding pending

5 the reexaminations of

the patent-in-suit, u.S. Patent No. 4,935,184 ("the' 184 Patent"), in the United

6 States Patent & Trademark Offce ("PTO"). Defendants' counsel conferred with Plaintiffs counsel
7 regarding a stay prior to filing this motion, but Plaintiff

has refused to consent to a stay.

8 This case is in its initial stages. On January 11, 2008, Sorensen Research Development and
9 Trust ("SRDT") sued EMERSON for alleged infringement of

the '184 Patent. Defendants filed an

10 answer on March 5,2008. RTC also filed counterclaims concurrently with Defendants' answer. SRDT

11 filed an amended answer to RTC's counterclaims on March 12, 2008. There has been no other activity
12 in this case. In paricular, there has not been a Rule 16 conference, the paries have not exchanged Rule

13 26 disclosures, an early neutral evaluation has not been scheduled (let alone even discussed), there has

14 not been a scheduling conference, and there is no scheduling order or trial date set.
15 A stay wil avoid the risk of

unnecessary discovery and litigation, will permit the clarification of
the present litigation is

16 issues for trial, and wil not unduly prejudice Plaintiff Moreover, a stay of

17 further warranted given that this Court has stayed at least five cases relating to the same' 184 Patent. It
18 would be a waste of judicial resources for this Court to proceed with this case while granting stays in

19 related cases.
20 This motion is based on this Notice of

Motion and Motion, the accompanying Memorandum of
Robert S. Mallin (all of

21 Points and Authorities in Support ofthe Motion, the Declaration of

which have

22 been filed and served concurrently with this Notice of

Motion and Motion), on the papers and records on

23 fie in this action, and on such other and further oral and documentary evidence as the Court may
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hearing.

25 For the reasons set forth in greater detail in the supporting memorandum, Defendants
26 respectfully request that the Cour order this case stayed pending completion of

the PTO's ongoing

27 reexaminations of

the '184 Patent.

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-2NOTICE OF MOTION AND DEFENDANTS' MOTION TO STAY

PENDING OUTCOME OF REEXAINATION PROCEEDINGS
3:08-CV -00060-BTM -CAB

Case 3:08-cv-00060-BTM-CAB

Document 29

Filed 03/24/2008

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Date: March 24, 2008

MORRS POLICH & PURDY, LLP

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By: s/Angela Kim

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Attorneys for Defendant DEFENDANTS EMERSON ELECTRIC CO., RIDGE TOOL COMPANY, AND RIDGID INC. Akim(impplaw.com

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-3NOTICE OF MOTION AND DEFENDANTS' MOTION TO STAY

PENDING OUTCOME OF REEXAINATION PROCEEDINGS
3 :08-CV -00060-BTM-CAB