Free Motion to Stay - District Court of Delaware - Delaware

Case 1 :08-cv-00561-UNA Document 18 Filed 07/29/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AN SELL HEALTHCARE PRODUCTS
LLC, and AN SELL PROTECTIVE _
PRODUCTS INC.,
Counterclaimants,
C.A. 1:08-CV-585-RMC
v.
TILLOTSON CORPORATION,
Counterclaim `
Defendant.
TILLOTSON CORPORATION’S MOTION TO STAY PROCEEDINGS
Tillotson Corporation (“Tillotson") respectfully moves this Court to stay the
Counterclaims filed by Ansell Healthcare Products LLC, and Ansell Protective Products
Inc. (collectively, "Ansell" ) pending final resolution of the related Intemational Trade
Commission ("ITC”) action.
For the reasons set forth in the brief accompanying this Motion, the Court should
exercise its discretion and stay this action because a balance of the equities and the
doctrine of primary jurisdiction favor a stay while the ITC discharges its statutorily
mandated duty of determining whether to enjoin the importation and sale of certain goods
that infringe upon the patent at issue in this case.
Counsel conferred on this issue during the Fed. R. Civ. P. 26(t) Rule pre-
discovery conference in accordance with LCvR 7(m). A proposed Order is attached
pursuant to LCvRule 7(c).

Case 1 :08-cv-00561-UNA Document 18 Filed 07/29/2008 Page 2 of 2
For the reasons set forth above and in the accompanying brief, Tillotson
respectfully requests that the Court stay this action pending the ultimate resolution of the
related ITC action or at least until the Court has ruled on Tillotson’s Motion to Dismiss or
in the Altemative Transfer. [D.E. 6].
Respectiiilly submitted this 29th day of July, 2008.
/s Brian Meiners
Brian R. Meiners (D.C. Bar No. 482039)
KING & SPALDING LLP
1700 Pennsylvania Avenue, N.W.
" Suite 200 `
Washington, DC 20006-2706
Telephone: (202) 626-2910
/s/ Asha C. Jemiings
M. Russell Wofford
Stephen P. Cummings
Asha C. Jennings
KING & SPALDING LLP
1180 Peachtree Street
Atlanta, Georgia 30309
Telephone: (404) 572-4711
Admitted Pro Hoc Vice
Counsel for Counterclaim Dejbndant
T illotson Corporation
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Case 1:08-cv-00561-UNA

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