Golden Eye Media USA, Inc. v. Trolley Bags UK Ltd

I. INTRODUCTION

27 Plaintiff/Counterdefendant GOLDEN EYE MEDIA USA, INC., a California 28 corporation (“Plaintiff”) brings this action for a declaratory judgment of non-infringement against Defendants/Counterclaimants TROLLEY BAGS UK LTD, a corporation of the United Kingdom (“Trolley Bags”); and BERGHOFF INTERNATIONAL, INC., a Florida corporation (“Berghoff”) (collectively, “Defendants”). ECF No. 1. Before the Court is Plaintiff’s Motion to Stay Litigation Pending Reexamination of U.S. Patent No. D779,828 (the “Motion”). ECF No. 119. The Motion was submitted on the papers without oral argument pursuant to Civil Local Rule 7.1(d)(1) and Rule 78(b) of the Federal Rules of Civil Procedure. ECF No. 128. After considering the papers submitted, supporting documentation, and applicable law, the Court DENIES the Motion. II. BACKGROUND This matter arises out of a dispute over whether Plaintiff is infringing on the claim of U.S. Design Patent No. D779,828 (the “828 Patent”) as well as the trademark held by Defendant Trolley Bags. Complaint, ECF No. 1 (“Compl.”) at 2:7-91; see also Answer, ECF No. 14…