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eSoft, Inc. v. Blue Coat Sys.

United States District Court for the District of Colorado

February 15, 2007, Decided ; February 16, 2007, Filed

Civil Action No. 06-cv-00442-EWN-PAC




This is a patent infringement case. Plaintiff eSoft, Inc. alleges that Defendant Blue Coat Systems, Inc. has infringed upon its patent, entitled "System and Method for Managing Application Service Providers," United States Patent No. 6,961,773 (the "'773 Patent"). This matter is before the court on Defendant "Blue Coat Systems, Inc.'s Motion to Stay Pending Outcome of Inter Partes Reexamination Proceedings," filed January 16, 2007.  [**2]  

A brief review of the procedural history will bring the issues into focus. Plaintiff instituted the present action on March 13, 2006. (Compl. [filed Mar. 13, 2006].) On January 9, 2006, just over a month prior to the dispositive motions deadline in this case, Defendant filed its "Request for Inter Partes Reexamination"of the '773 Patent with the United States Patent and Trademark Office ("PTO"). (Blue Coat Systems, Inc.'s Mot. to Stay Pending Outcome of Inter Partes Reexamination Proceedings, Ex. 1 at 80 [PTO Request] [filed Jan. 16, 2007] [hereinafter "Def.'s Br."].) Therein, Defendant contends that the '773 Patent is invalid based on no fewer than twenty-three prior art patents and publications not considered during the prosecution of the '773 Patent. (Id., Ex. 1 passim [PTO Request].) On January 16, 2007, Defendant filed a motion to stay proceedings in this court pending the outcome of the PTO reexamination. (Id.) Plaintiff opposes the motion. (eSoft's Resp. in Opp'n to Blue Coat's Mot. to Stay [filed Feb. 8, 2007] [hereinafter "Pl.'s Resp."].) On February 13, 2007, Defendant filed six separate motions for summary judgment: (1) four motions concerning [**3]  the invalidity of the '773 Patent based on prior art; and (2) two motions concerning non?infringement of the '773 Patent. (See 06-cv-00442-EWN-PAC, Docket Nos. 58, 60, 62, 65, 69, 74.)

1. Patent Reexamination

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505 F. Supp. 2d 784 *; 2007 U.S. Dist. LEXIS 11261 **

eSOFT, INC., a Delaware corporation, Plaintiff, v. BLUE COAT SYSTEMS, INC. (f/k/a CacheFlow, Inc.), a Delaware corporation, Defendant.


patent, reexamination, discovery, expertise, invalid

Business & Corporate Compliance, Patent Law, US Patent & Trademark Office Proceedings, Reexamination Proceedings, Civil Procedure, Entry of Judgments, Stays of Judgments, General Overview