August 21, 2013
VICTOR MANUEL CELORIO, Plaintiff,
ON DEMAND BOOKS LLC, A Delaware Corporation, Defendant.
WHEREAS, on June 25, 2012, the plaintiff, Victor Manuel Celorio ("Celorio") filed a Complaint against the defendant, On Demand Books LLC ("On Demand") alleging infringement of U.S. Patent No. 6, 012, 890 ("the '890 Patent") (D.I. 1) and, on September 21, 2012, On Demand filed its Answer to the Complaint (D.I. 13);
WHEREAS, on February 12, 2013, On Demand filed a Motion to Stay Litigation Pending Reexamination (D.I. 19) and its accompanying Opening Brief in Support (D.I. 20);
WHEREAS, on March 1, 2013, Celorio filed its Answering Brief in Opposition to On Demand's Motion to Stay (D.I. 23) and, on March 8, 2013, On Demand filed its Reply (D.I. 24);
WHEREAS, the court, having considered the instant motion, the response and reply thereto, and the applicable law, concludes that On Demand has demonstrated that a stay of the above captioned matter pending completion of the ex parte reexamination is appropriate in this case;
IT IS HEREBY ORDERED that:
1. On Demand's Motion to Stay (D.I. 19) pending ex parte reexamination of U.S. Patent No. 6, 012, 890 is GRANTED;
2. Celorio's Motion to Supplement Exhibits (D.I. 26) is GRANTED; and
3. Within thirty days of the conclusion of the '890 Patent ex parte reexamination, the parties shall notify the court of the status of the reexamination.