`DISTRICT OF MASSACHUSETTS
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`MAUREEN REDDY,
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`Plaintiff,
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`v.
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`LOWE’S COMPANIES, INC. and
`EVOLUTION LIGHTING, LLC,
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`Defendants.
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`Civil Action No. 13-cv-13016-IT
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`* O
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`RDER
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`TALWANI, D.J.
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`April 22, 2016
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`Defendants’ Motion for Summary Judgment on Counterclaims of Invalidity and
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`Unenforceability [#175] is pending before the court. On April 1, 2016, Defendants notified the
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`court that the Patent Trial and Appeal Board (“PTAB”) issued a final written decision pursuant
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`to 35 U.S.C. § 318(a) finding the ’423 patent unpatentable as obvious under 35 U.S.C. § 102(b).
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`Under 15 U.S.C. § 318(b), any claim of a patent finally determined to be unpatentable is
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`canceled once “the time for appeal has expired or any appeal has terminated.” The parties were
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`directed to report to the court their respective positions as to whether the court should stay this
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`action until the time for appeal has expired or any appeal has terminated, or set hearing on the
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`motion. Defendants request that the court enter a stay, but Plaintiff requests that the court hold a
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`hearing on Defendants’ motion.
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`This court has the “inherent power to manage its docket by staying its proceedings.”
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`Landis v. N. Am. Co., 299 U.S. 248 (1936). The court will enter a stay here. Although the
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`litigation is in its late stages, with discovery complete and summary judgment briefs filed, a stay
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`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00828
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`Fitbit, Inc. Ex. 1029 Page 0001
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`would simplify the issue of patent validity and potentially obviate the need for any further
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`litigation. Should the time for appeal of the PTAB decision expire or should that appeal
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`terminate, the Plaintiff’s patent claims would be cancelled, and there would be no need to
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`continue litigation in this court as to whether those claims are valid. Should the court not enter a
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`stay, judicial and party resources could be wasted in arguing and deciding Defendants’ motion
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`for summary judgment and potentially in preparing for trial on claims that could ultimately be
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`cancelled, rendering this litigation moot.
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`Accordingly, this case is STAYED until the time for appeal of the PTAB decision has
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`expired or any appeal has terminated. The parties are directed to file a joint status report no later
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`than five days after either (i) the date on which Plaintiff appeals the PTAB decision or (ii) the
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`time for appeal has expired.
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`IT IS SO ORDERED.
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`April 22, 2016
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` /s/ Indira Talwani
`United States District Judge
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`2
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`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00828
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`Fitbit, Inc. Ex. 1029 Page 0002
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