Lerner David Successfully Opposes Motion To Stay In Towel Case Following oral argument on July 11, 2013, Judge Engelmeyer of the Southern District of New York agreed with the rationale proffered by Lerner David and refused Loftex’s request to stay its lawsuit pending a reissue proceeding it filed before the US Patent and Trademark Office. The refusal to stay was issued on the heels of Lerner David’s major victory on claim construction for its client, Trident Ltd. In denying the stay the Court agreed with Lerner David’s argument that plaintiff’s patent infringement allegations were “a cloud over Trident” and that the plaintiff’s case “was predominantly based on a theory that presumed the broader construction of the patent that was pursued in the Markman hearing. With the Court having rendered the defense [Trident] favorable construction of the patent, there remains only limited theory of liability left . . . .” The case is Loftex USA LLC v. Trident Ltd., 11 CV 9349 (S.D.N.Y.).
Posted on: Thu, 25 Jul 2013 17:04:59 +0000
Trending Topics
Recently Viewed Topics
© 2015