Free Motion to Stay - District Court of California - California

Case 3:08-cv-00070-BTM-CAB

Document 15

Filed 03/24/2008

Page 1 of 3

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

RperkinS(fmpplaw.com
2 Angela Kim, Esq., CSB #216374

Akim(fmpplaw.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(fbrinsho fer. com
7 Brins Hofer Gilson & Lione

NBC Tower, Suite 3600
8 455 North Cityfront Plaza Drive

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

10

Attorneys for Defendants Ryobi Technologies, Inc. and Techtronic Industries North America, Inc.
11

12
13

UNITED STATES DISTRICT COURT

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

14
15

CASE NO. 3:08-cv-00070-BTM-CAB

16 17
18

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

19

RYOBI TECHNOLOGIES, INC., a Delaware corporation; TECHTRONIC INDUSTRIES NORTH AMERICA, INC., a Delaware corporation; and DOES 1-100
Defendants.

Time: 11 :00 a.m.
Courtroom: 15

Date: May 16, 2008
Hon. Bar Ted Moskowitz

20
21

NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT

22
23

24
25

26
27
28
NOTICE OF MOTION AND DEFENDANTS' MOTION TO STAY THE LITIGATION PENDING THE OUTCOME OF REEXAINATION PROCEEDINGS
3:08-CV -00070-BTM -CAB

Case 3:08-cv-00070-BTM-CAB

Document 15

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, Defendants

3 Ryobi Technologies, Inc. ("RTI") and Techtronic Industries North America Inc. ("TTINA")
4 (collectively referred to as "Defendants") wil and hereby respectfully move for a stay of

the above-

5 captioned proceeding pending the reexaminations of

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

6 ' 1 84 Patent"), in the United States Patent & Trademark Offce ("PTO"). Defendants' counsel conferred
7 with Plaintiffs counsel regarding a stay prior to fiing this motion, but Plaintiff

has refused to consent to

8 a stay.
9 This case is in its initial stages. On Januar 11, 2008, Sorensen Research Development and
10 Trust ("SRDT") sued RTI and TTINA for alleged infringement of

the '184 Patent. Defendants filed an

11 answer on March 5,2008. There has been no other activity in this case. In paricular, there has not been
12 a Rule 16 conference, the paries have not exchanged Rule 26 disclosures, an early neutral evaluation
13 has not been scheduled (let alone even discussed), there has not been a scheduling conference, and there
14 is no scheduling order or trial date set.
15 A stay wil avoid the risk of

unnecessary discovery and litigation, wil permit the clarification of

16 issues for trial, and will not unduly prejudice Plaintiff Moreover, a stay ofthe 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 file 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, Defendants
26 respectfully request that the Court order this case stayed pending completion of

the PTO's ongoing

27 reexaminations of

the '184 Patent.

28

-2NOTICE OF MOTION AND DEFENDANTS' MOTION TO STAY THE LITIGATION PENDING THE OUTCOME OF REEXAINATION PROCEEDINGS
3:08-CV -00070-BTM -CAB

Case 3:08-cv-00070-BTM-CAB

Document 15

Filed 03/24/2008

Page 3 of 3

1

Date: March 24, 2008

MORRS POLICH & PURDY, LLP

2
3

By: sf Angela Kim

4
5

6

Attorneys for Defendant RYOBI TECHNOLOGIES, INC. AND TECHTRONIC INDUSTRIES NORTH AMERICA, INC. Akim(fmpplaw.com

7
8

9

10
11

12
13

14
15

16
17
18

19

20
21

22
23

24
25

26
27
28

-3NOTICE OF MOTION AND DEFENDANTS' MOTION TO STAY THE LITIGATION PENDING THE OUTCOME OF REEXAINATION PROCEEDINGS
3:08-CV -00070-BTM -CAB