Toshiba Samsung Storage Tech. Korea Corp. v. LG Elecs., Inc.

Toshiba Samsung Storage Tech. Korea Corp. v. LG Elecs., Inc.

Opinion

 [*347]  MEMORANDUM ORDER

Before the Court is a renewed motion ("renewed motion" or "Motion") to stay the proceedings in the instant patent infringement case, filed by Defendants LG Electronics, Inc., LG Electronics U.S.A., Inc. and LG International (America), Inc. ("Defendants" or "LG"). (D.I. 62) Defendants now seek to stay the only remaining portion of this case that has not already been stayed—as to claims and defenses relating to Plaintiff Toshiba Samsung Storage Technology Korea Corp.'s ("Plaintiff" or "TSST-K") United States Patent No. RE43,106 (the "106 patent"). For the reasons stated below, the Court DENIES Defendants' Motion.¹

I. BACKGROUND AND STANDARD OF REVIEW

The '106 patent has 62 claims. TSST-K initially intends to assert claims 4-27 and 36-54 in this litigation. (DI 59 at 2) Of those, the PTAB has now instituted inter partes review as to claims 7-19. (Id.) And so claims 4-6, 20-27 and 36-54 of the '106 patent  [*348]  (30 claims in total) constitute the only initially-asserted claims of the four patents-in-suit that are not currently subject to IPR. (Id.)

This Court has typically considered three factors when deciding a motion to stay: (1) whether granting the stay will simplify the issues for trial; (2) the status of the litigation, particularly whether discovery is complete and a trial date has been set; and (3) whether a stay would cause the non-movant to suffer undue prejudice from any delay, or allow the movant to gain a clear tactical advantage. See, e.g., FMC Corp. v. Summit Agro USA, LLC, Civil Action No. 14-51-LPS, 2014 U.S. Dist. LEXIS 105304, 2014 WL 3703629, at *2 (D. Del. July 21, 2014) (citing cases). The Court will discuss these factors in turn below.

II. DISCUSSION

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.