Paxonet Communications, Inc. v. Transwitch Corp.

Good Law

303 F. Supp. 2d 1027·2003 WL 23272445·2003 U.S. Dist. LEXIS 25143

United States District Court, Northern District of CaliforniaDecember 15, 2003C 03-2782 CW, C 03-4204 CWCalifornia1,012 words

Opinion

Wilken, J.

ORDER CONSOLIDATING AND STAYING CASES

Currently pending before the Court are two related patent infringement actions, Paxonet Communications, Inc. v. TranSwitch Corp., No. 03-2782, and Paxonet Communications, Inc. v. TranSwitch, Corp., No. 03-4204. Another action involving two of the same parties and two of the same patents-in-suit is currently pending before the District Court for the District of Massachusetts. Now before the Court are various motions addressing the procedural posture of these cases. Having considered all of the papers filed by the parties, the Court GRANTS TranSwitch’s motion to consolidate the two cases pending before this Court, and GRANTS Tran-Switch’s motion to stay the consolidate case pending the Massachusetts District Court’s resolution of the motion to dismiss pending before it. The Court DENIES without prejudice TranSwitch’s motion to transfer these actions to the District of Massachusetts.

BACKGROUND

On March 27, 2003, TranSwitch filed a patent infringement action against Paxonet in the District Court for the District of Massachusetts, alleging that Paxonet infringed U.S. Patent Nos. 4,967,405 (’405 patent) and 4,998,242 (’242 patent). On May 21,…

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