Varian Medical Systems, Inc. v. ViewRay, Inc.

Good Law
United States District Court, Northern District of CaliforniaSeptember 9, 20203:19-cv-05697California603 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 VARIAN MEDICAL SYSTEMS, INC., Case No. 19-cv-05697-SI

Plaintiff, ORDER DENYING DEFENDANTS' v. MOTION TO STAY WITHOUT

PREJUDICE TO RENEWAL IN THE

VIEWRAY, INC., et al., EVENT THE IPRS ARE INSTITUTED Defendants. Re: Dkt. No. 100

12 Defendants’ motion to stay this action pending inter partes review (“IPR”) is scheduled for a hearing on September 18, 2020. Pursuant to Civil Local Rule 7-1(b), the Court determines this matter is appropriate for resolution without oral argument and VACATES the hearing. For the reasons set forth below, the motion is DENIED. Defendants filed the IPR petitions in July and August 2020, and the parties expect that the Patent Trial and Appeal Board (“PTAB”) will act on those petitions in February 2021. Every claim asserted by Varian in this case is the subject of the pending IPR petitions. Defendants contend that there is a strong possibility that the IPRs, if instituted, will clarify…

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