By Report and Recommendation in Imagevision.net, Inc. v. Internet Payment Exchange, Inc., Civil Action No. 12-054-GMS-MPT (D.Del., February 25, 2013), The Honorable Mary Pat Thynge has recommended denying the motion of defendant Internet Payment Exchange to stay pending the inter partes reexamination of U.S. Patent No. 7,567,925 (“the ‘925 patent”) by the United States Patent and Trade Office (“PTO”). After analyzing the required factors, Judge Thynge concluded that (1) the relative status of the litigation and the reexamination proceedings do not weigh in favor of a stay, (2) the possible simplification of the issues for trial weighs in favor of a stay given that the PTO has preliminary rejected all claims of the ‘925 patent under the heightened reexamination standard of the America Invent’s Act (“AIA”), and (3) the balancing of the undue prejudice to plaintiff if a stay were granted against the hardship or inequity to defendant if a stay were denied weigh in favor of a stay. Id. at 5-16.
A copy of the Report and Recommendation is attached.