`FOR THE DISTRICT OF DELAWARE
`
`PRESIDENT AND FELLOWS OF
`HARV ARD COLLEGE,
`
`Plaintiff,
`
`v.
`
`MICRON TECHNOLOGY, INC.,
`
`Defendant.
`
`Civil Action No. 17-1729-LPS-SRF
`
`ORDER
`
`Having reviewed the parties' submissions (see, e.g., D.I. 187, 188, 195, 200), IT IS
`
`· HEREBY ORDERED that Defendant's motion to stay this case pending inter partes review of
`
`six of the seven asserted patent claims (D.I. 186), contained in the two patents-in-suit, is
`
`DENIED.
`
`The PT AB recently denied Defendant's petition to institute IPR with respect to asserted
`
`claim 31 of the '539 patent (see D.I. 187 at 1), meaning that the Court will have to resolve issues
`
`of infringement and validity with respect to at least this claim (even recognizing that claim 31 is
`
`dependent on claims for which IPR has been instituted and that Plaintiff alleges infringement of
`
`this claim only under the doctrine of equivalents) (see, e.g., D.I. 200 at 1). One or more the six
`
`claims that are currently subject to IPR may survive PTAB review; even if not, any PTAB
`
`decision (which is due by July 24, 2018) (D.I. 187 at 2) will almost certainly not be final (i.e.,
`
`appellate rights exhausted) (see generally D.I. 195 at 14 n.3) before the jury trial in this matter
`
`begins on November 26, 2018 (see D.I. 192). Thus, while some simplification would result from
`
`a stay, that interest is not sufficient under the totality of circumstances to warrant staying this
`
`case, which has already been pending for more than 18 months (see D.I. 1 ), and in which much
`
`Ex. 2030-0001
`
`Jaguar Land Rover Ltd.
`Exhibit 2030
`Bentley v. Jaguar
`IPR2019-01502
`
`
`
`discovery and litigation has occurred (see generally D.I. 195 at 3-4, 11-13), two district judges in
`
`\
`
`two different Districts have presided (see D .I. 167), and in which trial is scheduled and will begin
`
`just ten months from riow. Further delay would prejudice Plaintiff (which the Court recognizes
`
`does not compete with Defendant and has licensed the patents-in-suit)- a non-dispositive but
`
`also not irrelevant factor.
`
`Defendant's concerns about the work that remains to be done (see, e.g., D.I. 187 at 4; D.I.
`
`200 at 6), and additional discovery that might be necessitated should Plaintiff be permitted to add
`
`willful infringement to this case, can be addressed in the context of other motions (e.g.,
`
`Plaintiffs pending motion to amend) and might justify other relief, but do not justify the
`
`requested stay (even assuming, arguendo, that the timing of the IPR petition and the timing of the
`
`request for a stay support Defendant).
`
`January 8, 2018
`Wilmington, Delaware
`
`HONORABLE LEONARD P. STARK
`UNITED STATES DISTRICT COURT
`
`Ex. 2030-0002
`
`
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
