Sunshine Enclosures LLC v. Final Bell Corp

I. INTRODUCTION

Presently before the Court is defendant’s motion to stay the case pending a decision by the United States Patent and Trademark Office (“PTO”) on the reexamination of the patent-in-suit (U.S. Patent No. D969,604 (“the 604 Patent”)). See dkt. 78. On January 23, 2024, plaintiff Sunshine Enclosures LLC (“Sunshine Enclosures” or “plaintiff’) filed the operative First Amended Complaint, alleging (1) patent infringement; (2) trade dress infringement; (3) unfair competition under federal law; (4) common law trade dress infringement: and (5) a violation of the California Business and Professions Code. Dkt. 51 (“FAC”). On February 14, 2024, defendants Final Bell Corp. and 14th Round Inc. (collectively, “defendants”’), requested that the PTO reexamine the ’604 Patent in light of prior art references not previously considered. On July 29, 2024, defendants filed the instant motion to stay pending reexamination. Dkt. 78. On August 5, 2024, plaintiff filed a memorandum in opposition to the motion to stay. Dkt. 82 (“Opp.”). On August 12, 2024, defendants filed their reply. Dkt. 83 (“Reply”). On August 26, 2024, the Court held a hearing at which time the Court…