Telemac Corp. v. Teledigital, Inc.

ORDER DENYING DEFENDANTS’ MOTION TO STAY PROCEEDINGS PENDING REEXAMINATION OF PATENTS

Defendants Teledigital, Inc., and Teledigital Development, Inc. (collectively, Teledigital) and Defendants Phonetec LP and Phonetec PCS, LLC (collectively, Phonetec) separately move for a stay of proceedings in Plaintiff Telemac Corporation’s related lawsuits against them pending reexamination of Telemac’s patents by the United States Patent and Trademark Office (PTO). Telemac opposes the motions. The matters were taken under submission on the papers. Having considered all of the papers filed by the parties, the Court denies Defendants’ motions for a stay.

BACKGROUND

Telemac is the owner of five patents involving technology that enables customers to pre-pay for cellular phone service, U.S. Patent Nos. 5,577,100, 6,198,915B1, 6,650,887B2, 6,480,710B1 and 6,625,439B2 (collectively, the patents). Telemac filed a patent infringement lawsuit against Phonetec on April 15, 2004 and against Teledigital on November 5, 2004. In addition, Telemac alleges that Phonetec is liable as the successor to defendants who this Court found, in earlier, related action, had infringed Telemac’s patents. See Telemac…