Free Motion to Stay - District Court of California - California

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

Document 28

Filed 03/24/2008

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1 Roger G. Perkins, Esq., CSB #86617

Rperkins(impp1aw.com
2 Angela Kim, Esq., CSB #216374

Akim(impplaw.com 3 MORRS POLICH & PURDY LLP
501 West Broadway, Suite 500
4 San Diego, California 92101

Telephone: (619) 557-0404
5 Facsimile: (619) 557-0460
6 Robert S. Mallin, Ilinois Bar No. 6205051
Rmallin(ibrinsho fer.

com

7 Brins Hofer Gilson & Lione

NBC Tower, Suite 3600
8 455 North Cityfont Plaza Drive

Chicago, IL 60611-5599
9 Telephone: (312) 321-4221
Facsimile: (312) 321-4299

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Attorneys for Defendant One World Technologies, Inc.
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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

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lENS ERIK SORENSEN, As Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST,
Plaintiff,
v.

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

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

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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.il COMP ANY, an Ohio Corporation; RIDGID, Courtroom: 15 INC., a Delaware corporation; and DOES 1-100 Hon. Barr Ted Moskowitz
Defendants.

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NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT

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NOTICE OF MOTION AND DEFENDANT'S MOTION TO STAY THE LITIGATION PENDING THE OUTCOME OF REEXAINATION PROCEEDINGS
3:08-CV -00060-BTM -CAB

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

Document 28

Filed 03/24/2008

Page 2 of 3

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, Defendant One
3 World Technologies, Inc. ("OWT") will and hereby respectfully moves for a stay of

the above-captioned

4 proceeding pending the reexaminations of

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

5 Patent"), in the United States Patent & Trademark Offce ("PTO"). Defendant's counsel conferred with
6 Plaintiffs counsel regarding a stay prior to filing this motion, but Plaintiffhas refused to consent to a

7 stay.
8 This case is in its initial stages. On January 10, 2008, Sorensen Research Development and
9 Trust ("SRDT") sued OWT for alleged infringement of

the '184 Patent. Defendant filed an answer and

10 counterclaims on March 5, 2008. SRDT responded to the counterclaims on March 12, 2008. There has

11 been no other activity in this case. In paricular, there has not been a Rule 16 conference, the paries
12 have not exchanged Rule 26 disclosures, an early neutral evaluation has not been scheduled (let alone 13 even discussed), there has not been a scheduling conference, and there is no scheduling order or trial

14 date set.
15 A stay wil avoid the risk ofunnecessary discovery and litigation, will permit the clarification of
16 issues for trial, and will not unduly prejudice Plaintiff Moreover, a stay of

the present litigation is

17 further waranted 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
the Motion, the Declaration of Robert S. Mallin (all of

21 Points and Authorities in Support 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 documentar evidence as the Court may

24 consider at the time ofhearing.

25 For the reasons set forth in greater detail in the supporting memorandum, Defendant respectfully
26 requests that the Court order this case stayed pending completion of

the PTO's ongoing reexaminations

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the ' 184 Patent.

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-2NOTICE OF MOTION AND DEFENDANT'S MOTION TO STAY THE LITIGATION PENDING THE OUTCOME OF REEXAINATION PROCEEDINGS
3:08-CV -00060-BTM -CAB

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

Document 28

Filed 03/24/2008

Page 3 of 3

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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 ONE WORLD TECHNOLOGIES, INC. Akim(impplaw.com

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-3NOTICE OF MOTION AND DEFENDANT'S MOTION TO STAY THE LITIGATION PENDING THE OUTCOME OF REEXAINATION PROCEEDINGS
3:08-CV -00060-BTM-CAB