Stay Denied in Bed Rail Case

Scott Daniels | September 9, 2009

Judge Ann Montgomery has denied the motion of the accused infringer to stay the District Court proceeding in Regalo Int’l v. DEX Prods. (D. Minn.), pending resolution of three reexaminations.

Regalo sued DEX in July 2008 for infringement of U.S. Patent Nos. 6,952,846, 7,137,158 and 7,178,184, each entitled “Mattress Hugging Bed Rail.” DEX filed requests for reexamination on June 19, 2009, against each of the patents. Shortly thereafter the PTO ordered that the three patents be reexamined. DEX moved that the District Court case be stayed pending the PTO’s resolution of the reexaminations.

Judge Montgomery has now denied that motion. She first pointed out that the reexamination requests had relied upon several references which DEX had not identified in its prior art statement. This, the Judge stated, raised “a concern about whether DEX is seeking the stay purely for tactical reasons.” The Judge also complained that “DEX offers no specific explanation of how the reexamination proceedings will simplify particular issues in this litigation.” The Judge concluded that a stay was not warranted.

A further complication to the case is a motion for a preliminary injunction filed by Regalo in August.

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