Tillotson Johnson & Patton
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Entered | Case | Description |
|---|---|---|
| 08/11/23 | JUDGMENT (Attachments: # 1 Civil Notice - appeal)(MKB) (Entered: 08/11/2023) | |
| 08/11/23 | JUDGMENT (Attachments: # 1 Civil Notice - appeal)(MMP) (Entered: 08/11/2023) | |
| 06/30/23 | ORDER granting 51 Motion to Stay re: 51 MOTION to Stay Pending Resolution of the Litigation between Plaintiff Bell Semiconductor, LLC and Software Suppliers Synopsis, Inc. and Cadence Design Systems, Inc.. IT IS HEREBY ORDERED that Defendant's motion to stay the case is GRANTED pending resolution of the Delaware Action. Synopsys and Cadence brought the Delaware Action to seek a declaratory judgment that the very Patents at issue in this case are invalid and unenforceable, and that their technology (which ASMedia uses in its semiconductor chips) is not infringing. See Compl., Synopsis Inc. v. Bell Semiconductor, LLC, No. 22-CV-1512 (CFC), Dkt. 1 (D. Del. Nov. 18, 2022). Staying this case until the Delaware Action is resolved will allow Plaintiff to confront the manufacturers at the root of this dispute, preserve resources, and avoid conflicting judicial decisions. See Order, Bell Semiconductor, LLC v. ASMedia Technology, Inc., 22-CV-7307 (LGS), Dkt. 86 (S.D.N.Y. May 31, 2023) (staying a different patent infringement action by Plaintiff pending resolution of the Delaware Action on similar grounds); Order, Bell Semiconductor, LLC v. Omnivision Techs., Inc., 8-22-CV-1512 (JAK), Dkt. 71 (C.D. Cal. Apr. 24, 2023) (same); cf. Katz v. Lear Siegler, Inc., 909 F.2d 1459, 1463-64 (Fed. Cir. 1990) (upholding an order enjoining a patentholder from proceeding in two customer actions in another district; "litigation... brought by the manufacturer of infringing goods takes precedence over a suit by the patent owner against customers of the manufacturer"). Plaintiff has not shown a risk of prejudice that outweighs the benefits of a stay. If, as Plaintiff insists, the Delaware Action will soon be dismissed for lack of jurisdiction, see Pl. Mem. at 3, the stay in this case will be lifted. Moreover, if the Plaintiff prevails in the Delaware Action, it would pave the way to damages from Synospys and Cadence, which have already received indemnification requests from their customers. See Delaware Compl. Paragraph 14. The Clerk of Court is respectfully directed to close the open motion at Docket Entry 51 and to STAY the case. All deadlines are adjourned sine die. Not later than September 1, 2023, and on the first business day of every quarter thereafter, the parties must submit a joint status update to the Court. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/30/2023) (tg) (Entered: 06/30/2023) | |
| 05/24/23 | Parties shall comply with Judge Albright's updated Standing Orders: Order Regarding Court Docket Management and Amended Standing Order for Pretrial Procedure. Both orders are available by clicking the hyperlink. (bot2) (Entered: 05/24/2023) | |
| 04/19/23 | Report re Patent/Trademark: Report on the determination of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (athom, ) (Entered: 04/19/2023) | |
| 04/19/23 | ORDER GRANTING 57 Joint Motion to Dismiss with Prejudice. Phison's Motion to Dismiss Plaintiff's First Amended Complaint, Doc. 43, is DENIED AS MOOT, and all claims asserted in this action are DISMISSED WITH PREJUDICE, with each party to bear its own fees and costs. SO ORDERED by Judge Daniel D. Domenico on 4/19/2023. Text Only Entry (dddlc1, ) (Entered: 04/19/2023) | |
| 02/02/23 | ORDER OF DISMISSAL. Plaintiffs claims for relief against Defendantare dismissed with prejudice. Signed by Judge David C. Nye. (alw) (Entered: 02/02/2023) | |
ORDER OF DISMISSAL WITH PREJUDICE - IT IS THEREFORE ORDERED that Plaintiffs claims for relief against Defendant are dismissed with prejudice. IT IS FURTHER ORDERED that all attorneys fees, costs of court and expenses shall be borne by each party incurring the same. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd) | ||
Joint MOTION to Dismiss Alexander P. McLaughlin appearing for Plaintiff Bell Semiconductor, LLC. Responses due by 2/22/2023 (McLaughlin, Alexander) | ||
| 02/02/23 | ORDER OF DISMISSAL. Plaintiffs claims for relief against Defendantare dismissed with prejudice. Signed by Judge David C. Nye. (alw) (Entered: 02/02/2023) |