Toray Moves to Stay Avery Case

Scott Daniels | August 3, 2009

Avery Dennison Corporation sued Toray Int’l last December in the Northern District of California for infringement of three patents relating to RFID labels: U.S. Patent Nos. 6,951,596, 7,361,251 and 7,368,032. Toray replied by filing requests for inter partes reexamination against each of the three patents.

The PTO subsequently issued Office Actions rejecting all the claims of each of the patents.

Toray has now moved the trial court to stay the litigation pending resolution of the reexaminations. Toray cited as support for its motion, the “flurry of activity” at the PTO, the possible simplification of issues at the PTO, the early stage of the litigation, and an asserted lack of prejudice to the patentee Avery.

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