Research in Motion Ltd. v. Visto Corp.

ORDER GRANTING PLAINTIFF’S MOTION TO STAY

Before the Court is plaintiff/eounterde-fendant Research In Motion Limited and counterdefendant Research In Motion Corporation’s (collectively, “RIM”) motion, filed January 18, 2008, to stay proceedings related to defendant/eounterclaimant Visto Corporation’s (“Visto”) patents, U.S. Patent Nos. 7,225,231 and 7,228,383, pending reexamination of said patents by the United States Patent and Trademark Office. Visto has filed opposition to the motion; RIM has filed a reply. The matter came on regularly for hearing on February 22, 2008. Marc H. Cohen and Philip T. Chen of Kirkland & Ellis LLP appeared on behalf of RIM. Robert D. Becker of Manatt, Phelps & Phillips LLP appeared on behalf of Visto. Having considered the papers submitted and the arguments of counsel, the Court rules as follows.

When determining whether to grant a stay pending reexamination of a patent, courts consider three factors:

See Nanometrics, Inc. v. Nova Measuring Instruments, Ltd., 2007 WL 627920 at *2 (N.D.Cal.2007).

In the instant case, the Court finds each of the factors weighs in favor of granting a stay. In particular, with respect to the first factor, discovery…