Gryphon Networks had sued a former employee and his new employer for patent infringement, trade secret misappropriation, breach of contract, unfair competition, etc. Gryphon alleges that the employee departed with a customer list that he promptly shared with his new employer. The defendant moved to sever the patent claims and for a stay pending reexamination of the patent, a reexamination instituted by the defendant shortly after the suit was filed.
Magistrate Judge Bowler balanced the requisite factors and granted the motion and stayed the patent claims pending resolution of the reexam. At the time of the decision fact discovery was underway, though depositions were just beginning and claim construction had been briefed, but not decided.
Gryphon Networks Corp. v. Contact Center Compliance Corp., 10-10258-MBB (D. Mass. June 13, 2011)
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