`
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`FISHER-PRICE, INC., et al.,
`
`Plaintiffs,
`
`v.
`
`DYNACRAFT BSC, INC.,
`
`Case No. 17-cv-03745-PJH
`
`
`ORDER STAYING CASE
`
`Re: Dkt. Nos. 50, 55
`
`Defendant.
`
`
`
`
`
`On November 7, 2017, this court stayed this action pending the Patent Trial and
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Appeal Board’s (“PTAB”) decision regarding whether to institute review following
`
`Dynacraft’s petitions for inter-partes review of the asserted claims in the patents-in-suit.
`
`Dkt. 50. This court stated that it would reconsider the advisability of the stay after the
`
`decision from the PTAB, and that it would likely continue the stay if the PTAB instituted
`
`the IPRs. Dkt. 50 at 5.
`
`On April 19, 2018, the parties informed the court that the PTAB instituted review of
`
`three patents at issue in the case and denied review of one patent. Dkt. 55. Thus, given
`
`the potential for many overlapping issues in this litigation to become moot, and given the
`
`fact that this case is still at an early stage, the court CONTINUES THE STAY in this case
`
`as to all four patents pending the PTAB’s final written decisions on the ‘684, ‘978, and
`
`‘850 patents.
`
`The parties shall advise the court as soon as the PTAB has made its
`
`determinations. If the PTAB has not issued its final decisions by October 27, 2018, the
`
`parties shall provide the court with a status update on that date, and every six months
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`United States District Court
`
`
`
`Case 4:17-cv-03745-PJH Document 56 Filed 04/27/18 Page 2 of 2
`
`
`
`thereafter until the PTAB has issued its final decisions.
`
`
`
`IT IS SO ORDERED.
`
`Dated: April 27, 2018
`
`
`
`__________________________________
`PHYLLIS J. HAMILTON
`United States District Judge
`
`
`
`2
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`United States District Court
`
`