31) Since then, the Court has tried to get the case moving, and it and the parties have done some real work on the matter in that time— including holding a scheduling conference, beginning fact discovery, and addressing and resolving Defendant’s motion to transfer, (D.I.
On the one hand, if the SUNY case ends up getting resolved via a finding that Plaintiff Inpria Corp. (“Plaintiff” or “Inpria”) failed to list the proper inventors as to all eight of the patents asserted in this matter, then there would be complete simplification of the issues here.
Therefore, and without going too deep into the underlying merits of the inventorship issues, see Kaavo Inc., 2015 WL 1737476, at *2 n.4, the Court can still observe that simply from a high-level, statistical perspective, it seems very possible that the result of the SUNY case will be that Plaintiff loses the chance to move forward here as to none or some asserted patents, but not all.
On balance, while the prospect for some simplification helps Defendant, in light of the countervailing concerns addressed herein, this factor only slightly favors grant of the Motion.
109 at 1) For example, Plaintiff points to 2018 and 2019 Lam presentations in which Defendant analyzes Plaintiff’s technology and asserts that its stated goal is “to provide a robust solution ... that exceeds that of the leading competitor[] (Inpria)[.