`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`HOLOGIC, INC., a Delaware corporation; and
`CYTYC SURGICAL PRODUCTS, LLC, a
`Massachusetts limited liability company,
`
`C.A. No. 20-925-JFB-SRF
`
`Plaintiffs,
`
`v.
`
`MINERVA SURGICAL, INC., a Delaware
`corporation,
`
`DEFENDANT MINERVA SURGICAL, INC.’S NOTICE OF SUBSEQUENT
`AUTHORITY REGARDING MOTION FOR STAY (D.I. 60)
`
`In accordance with D. Del. LR 7.1.2(b), Defendant Minerva Surgical, Inc. (“Minerva”)
`
`hereby provides this notice of subsequent authority in further support of its Motion for Stay (D.I.
`
`60). On February 17, 2021, Judge Stark issued a Memorandum Order granting a motion to stay
`
`pending the Supreme Court’s certiorari decision in an appeal from one of Judge Stark’s earlier
`
`decisions in that case. American Axle & Mfg. v. Neapco Holdings LLC, No. 15-1168-LPS, 2021
`
`U.S. Dist. LEXIS 29287, at *3 (D. Del. Feb. 17, 2021). In that case, the patentee filed a petition
`
`for Supreme Court review of a portion of a Federal Circuit decision affirming summary
`
`judgment of patent ineligibility as to certain claims of the patent in question. Id. at *1-*3. As to
`
`the first stay factor, Judge Stark reasoned:
`
`First, the stay may simplify the issues the Court needs to decide. In
`the context of this case, the simplification factor includes the
`reality that judicial economy favors avoiding the complexity and
`expenditure of resources that would result from this case
`proceeding simultaneously in both a trial court and the Supreme
`Court.
`
`
`
`Case 1:20-cv-00925-JFB-SRF Document 75 Filed 02/23/21 Page 2 of 2 PageID #: 2888
`
`Id. at *4. The logic underlying Judge Stark’s reasoning is even more persuasive here because
`
`Minerva’s petition for certiorari has already been granted—Minerva’s appeal is in the merits
`
`phase—whereas in American Axle the patentee’s petition was still pending when Judge Stark
`
`granted a stay. A copy of the Memorandum Order is attached hereto as Exhibit A.
`
`Dated: February 23, 2021
`
`Respectfully submitted,
`
`WILSON SONSINI GOODRICH &
`ROSATI, P.C.
`
`
`/s/ Ian R. Liston
`Ian R. Liston (#5507)
`222 Delaware Avenue, Suite 800
`Wilmington, DE 19801
`(302) 304-7600
`iliston@wsgr.com
`
`Counsel for Defendant Minerva Surgical,
`Inc.
`
`Of Counsel:
`
`Vera M. Elson
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`(650) 493-9300
`velson@wsgr.com
`
`Edward G. Poplawski
`Olivia M. Kim
`Erik J. Carlson
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`633 West Fifth Street, 15th Floor
`Los Angeles, CA 90071
`(323) 210-2900
`epoplawski@wsgr.com
`okim@wsgr.com
`ecarlson@wsgr.com
`
`- 2 -
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
