Judge Roger T. Benitez of US District Court (Southern District of California) issued an order denying HP’s motion to stay Memjet’s patent-infringement.
According to the document provided to RT Media, the Court has considered the motion to stay, while the Patent and Trade Office (PTO) has not decided if it will review HP’s request.
As revealed, HP does not object to stay of the entire case. However, the Court “is not inclined to stay the entire case pending a decision of the PTO to review the Memjet patent-in-suit.” Also, the Court thinks these considerations outweigh the benefit of granting a stay at this time. Therefore, the Court Denies HP’s Motion to Stay.
In March of this year, HP put the Court on notice that it would move for a “Stay of Memjet’s infringement claims, pending Inter Partes Review by the United States Patent & Trademark Office’s Patent Trial and Appeal.” In early April, Memjet asked the US District Court to deny HP’s motion to halt proceedings pending an Inter Partes Review (IPR).
In August 2015, Memjet announced suit against HP Company in the United States District Court for the Southern District of California, for infringing eight of its patents concerning its page-wide «waterfall» printing technology. Later, HP filed its Amended Answer and Counterclaims and alleges that Memjet infringed on seven HP patents.
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