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S.D.N.Y.Procedural orderFiled June 28, 2021

Sure Fit Home Products, LLC v. Maytex Mills Inc.

Judge
Lorna Schofield
Docket
1:21-cv-02169
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscoveryIntellectual Property
In one sentence

In Sure Fit Home Products v. Maytex Mills, Judge Schofield denied a stay but granted Plaintiffs a reply claim-construction brief.

Who this affects

Sure Fit Home Products, LLC and the other Plaintiffs, and Maytex Mills, Inc.; the case continued without a stay, while the Plaintiffs received permission to file a reply claim-construction brief.

What happened

In Sure Fit Home Products, LLC v. Maytex Mills, Inc., the Plaintiffs asked the court to pause the entire case while the Federal Circuit considered their appeal of an order denying a preliminary injunction. Alternatively, they asked to pause discovery.

The Plaintiffs also asked for permission to file a reply brief about how the claims should be interpreted, or for Maytex Mills to file the first brief. Maytex Mills opposed the requests.

Judge Lorna G. Schofield denied the requests to stay the case or discovery, but granted the Plaintiffs’ request for a reply claim-construction brief. A revised case-management schedule would be issued separately.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Sure Fit Home Products, LLC v. Maytex Mills Inc. · No. 1:21-cv-02169
Judge
Lorna Schofield
Date
June 28, 2021

Background

The Plaintiffs asked the court to stay, or pause, the entire case while the Federal Circuit resolved their appeal of the court’s May 26, 2021 order denying their request for a preliminary injunction. Alternatively, they asked the court to stay discovery during the appeal.

The Plaintiffs also requested permission to file a reply brief addressing claim construction, which concerns the interpretation of the claims at issue. Alternatively, they asked the court to require Maytex Mills to file the first claim-construction brief. The existing case-management schedule required the Plaintiffs to file first, followed by Maytex Mills, and the Plaintiffs argued that this schedule would prevent them from responding to Maytex Mills’s claim-construction arguments.

Court’s Analysis

The court explained that whether to stay a case during an interlocutory appeal is within the district court’s discretion. It considered the usual factors: the likelihood of success on appeal, irreparable harm to the party seeking the stay, harm to other interested parties, and the public interest. The court stated that the first two factors—likely success and irreparable harm—were the most important.

For the reasons given in the earlier preliminary-injunction opinion, the Plaintiffs had not shown a likelihood of success on the merits or irreparable harm. Neither party had shown substantial harm to Maytex Mills from granting or denying a stay, and the parties had not shown that the public interest favored staying the case.

Ruling

The court denied the Plaintiffs’ motion to stay the case or, alternatively, to stay discovery pending resolution of the appeal. The court granted the Plaintiffs’ motion for a reply claim-construction brief. The court stated that a revised case-management plan and scheduling order would issue separately.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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