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Property Rights: Patent | Pennsylvania Eastern
Order on Motion to Stay Order on Motion to Compel Order on Motion to Dismiss for Failure to State a Claim
ORDER THAT UPON CONSIDERATION OF DEFENDANTS MOTION TO STAY (ECF NO. 117), AND THE RESPONSES THERETO, IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED AS FOLLOWS:1. ALL PROCEEDINGS RELATING TO COUNTS I AND II (THE PATENT CLAIMS) ARE STAYED PENDING FINAL RESOLUTION OF THE EX PARTE REEXAMINATION PROCEEDINGS INVOLVING U.S. PATENT NOS. 9,596,857 AND 9,107,416 (THE ASSERTED PATENTS); 2. DISCOVERY RELATING TO COUNT III (THE COPYRIGHT CLAIM) IS STAYED PENDING THE COURTS DECISION ON DEFENDANTS MOTION TO DISMISS. IT IS FURTHER ORDERED THAT THE AMENDED SCHEDULING ORDER ISSUED ON MAY 14, 2026 (ECF NO. 116) IS VACATED.IT IS FURTHER ORDERED THAT, UPON CONSIDERATION OF PLAINTIFFS MOTION TO COMPEL (ECF NO. 118), THIS COURTS GRANT OF LEAVE TO AMEND (ECF NO. 131), THE FILING OF A SECOND AMENDED COMPLAINT (ECF NO. 133) AND THE MOTION TO DISMISS (ECF NO. 135), THE MOTION TO COMPEL (ECF NO. 118) IS DENIED AS MOOT. SIGNED BY DISTRICT JUDGE MIA ROBERTS PEREZ ON 8/18/2026.8/18/2026 ENTERED AND COPIES E-MAILED.(sg)
Dismiss for Failure to State a Claim
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in re: Count III of the Second Amended Complaint filed by SHARDA USA LLC.Memorandum, Exhibit, and Certification of Compliance with IR IIIB. (Attachments: # 1 Memorandum, # 2 Exhibit 1 - EPA Label Review Manual, # 3 Declaration of Compliance with Individual Rule III.B, # 4 Text of Proposed Order)(KEHRLI, KEVIN)
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