Audatex North America Inc. v. Mitchell International Inc.
Opinion
Lead Opinion
Benitez, J.
ORDER DENYING MOTION TO STAY
Before this Court is a Motion to Stay, filed by Defendant Mitchell International, Inc. (Docket No. 64). Defendant asks this Court to stay this matter pending the resolution of three Covered Business Method (CBM) petitions by the Patent Trial and Appeal Board (PTAB). For the reasons stated below, the Motion is DENIED WITHOUT PREJUDICE as premature with leave to re-file the motion if a CBM review is instituted.
BACKGROUND
I. Litigation
On February 6, 2012, Plaintiff Audatex North America, Inc. commenced this action by filing an action against Defendant in the District of Delaware. (Docket No. 1). The Complaint accused Defendant of infringing upon U.S. Patent No. 7,912,740 B2 (’740 Patent), which claims an invention entitled “System and Method for Processing Work Products for Vehicles Via the World Wide Web.” (Compl. ¶¶ 6-14) The '740 Patent was dated March 22, 2011, and was subsequently assigned to Plaintiff. (Compl. ¶¶ 6, 7 & Ex. A). A First Amended Complaint was filed on August 13, 2012. (Docket No. 12). Plaintiff alleged that Defendant was also infringing U.S. Patent No. 8,200,513 B2 (’513 Patent), entitled “System and Method for Processing Work…