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Case 1:07-cv-00844-GMS Document 11 Filed 06/03/2008 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

Plaintiff,

WALL CORPORATION,





BONDDESK GROUP, L.L.C., and
BONDDESK TRADING, L.L.C.,



Defendants.





v.










C.A. No. 07-844 (GMS)

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DEFENDANTS’ MOTION FOR A STAY OF THE

PROCEEDING PENDING INTER PARTES REEXAMINATION

Defendants BondDesk Group LLC and BondDesk Trading LLC (collectively,

“BondDesk”) hereby move to stay all proceedings in this litigation pending the conclusion of

inter partes reexamination of U.S. Patent No. 7,231,363 (the '363 patent), the sole patent-in-suit.

BondDesk has requested inter partes reexamination before the Patent and

Trademark Office (“PTO”) of every claim of the '363 patent. That reexamination request brings

to the PTO’s attention three independent, primary references that invalidate every claim of the

'363 patent. None of those three references was considered during prosecution of the '363 patent.

BondDesk seeks a stay pending resolution of that reexamination, because: (1) staying the

litigation pending reexamination will simplify the issues, particularly because the requested

reexamination will be inter partes rather than ex parte and thus will have final, binding effect in

subsequent litigation; (2) plaintiff Wall Corporation will not be unduly prejudiced by a stay,

given the early stage of the litigation and the fact that it has an adequate remedy at law; and

(3) this litigation is in its infancy with no initial case management conference scheduled, no

discovery taken, and no trial date set.

Case 1:07-cv-00844-GMS Document 11 Filed 06/03/2008 Page 2 of 5

The grounds for BondDesk’s motion are more fully explained in its opening brief

and its accompanying exhibits being filed herewith.

MORRIS, NICHOLS, ARSHT & TUNNELL LLP



/s/ Mary B. Graham

Mary B. Graham (#2256)
James W. Parrett, Jr. (#4292)
1201 N. Market Street
P.O. Box 1347
Wilmington, DE 19899-1347
(302) 658-9200
[email protected]
[email protected]
Attorneys for BondDesk Group, L.L.C.
and BondDesk Trading, L.L.C.















OF COUNSEL:

Michael A. Jacobs
Rita F. Lin
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105-2482
(415) 268-7000

June 3, 2008
2248806

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Case 1:07-cv-00844-GMS Document 11 Filed 06/03/2008 Page 3 of 5



IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARE

Plaintiff,

WALL CORPORATION,





BONDDESK GROUP, L.L.C., and
BONDDESK TRADING, L.L.C.,



Defendants.





v.










C.A. No. 07-844 (GMS)

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[PROPOSED] ORDER

The Court having considered BondDesk Group LLC and BondDesk Trading

LLC’s Motion for a Stay of the Proceeding Pending Inter Partes Reexamination of the patent in

suit, IT IS HEREBY ORDERED that:

(1)

BondDesk Group LLC and BondDesk Trading LLC’s motion is

GRANTED. The proceeding is stayed from the date of this Order until

such time as the Court lifts the stay of its own volition or pursuant to a

motion by either party; and

(2)

The parties shall advise the Court within 30 days of the issuance in the

reexamination of the Right of Appeal Notice by the U.S. Patent and

Trademark Office presenting a final decision by the PTO as to the

patentability of the claims, which may be appealed to the PTO Board of

Appeals and Interferences and subsequently to the Federal Circuit, and the

parties’ position on whether the stay shall be continued.

Dated: ______________

2350772



_________________________________
UNITED STATES DISTRICT JUDGE

Case 1:07-cv-00844-GMS Document 11 Filed 06/03/2008 Page 4 of 5

RULE 7.1.1 CERTIFICATION

Counsel for BondDesk hereby certifies that counsel for Wall Corporation

has said that Wall will not agree to a stay of the proceeding pending reexamination of the

patent in suit which is the relief requested by this motion.



Dated: June 3, 2008







2351025

/s/ Mary B. Graham

Mary B. Graham (#2256)



Case 1:07-cv-00844-GMS Document 11 Filed 06/03/2008 Page 5 of 5



CERTIFICATE OF SERVICE

I hereby certify that on June 3, 2008, I caused the foregoing to be electronically

filed with the Clerk of the Court using CM/ECF which will send electronic notification of such

filing to the following:

Karen E. Keller, Esq.
YOUNG CONAWAY STARGATT & TAYLOR, LLP




Additionally, I hereby certify that true and correct copies of the foregoing were

caused to be served on June 3, 2008 upon the following individuals in the manner indicated:

BY E-MAIL AND HAND DELIVERY

John W. Shaw, Esq.
Karen E. Keller, Esq.
YOUNG CONAWAY STARGATT & TAYLOR, LLP
The Brandywine Building
1000 West Street, 17th Floor
Wilmington, DE 19801

[email protected]
[email protected]

BY E-MAIL

Michael W. Shore, Esq.
Alfonso Garcia Chan, Esq.
SHORE CHAN BRAGALONE LLP
325 North Saint Paul Street
Suite 4450
Dallas, TX 75201

[email protected]
[email protected]

2248875

/s/ Mary B. Graham
______________________________________
Mary B. Graham (#2256)