By:  Bryan Schomer and Frank Smith

On April 26, 2017, Dickinson Wright attorneys Bryan Schomer and Frank Smith successfully obtained a stay on behalf of their client, Detroit Edge Tool Co. (DETCO), in a patent infringement matter filed by Genesis Attachments, LLC.   After exchanging infringement and invalidity contentions, the parties engaged in discussions seeking to resolve the lawsuit. Upon failing to reach a resolution, DETCO commissioned Dickinson Wright to prepare and file an ex parte reexamination petition with the USPTO requesting the USPTO cancel all claims of the patent-at-issue in view of the relevant prior art. Less than three-weeks after filing the petition, the USPTO instituted ex parte reexamination of all claims of the patent-at-issue on all asserted grounds of invalidity. Counsel then jointly moved the Court to stay all litigation proceedings pending the outcome of the USPTO’s reexamination, with the stay being granted on April 26, 2017. The stay of litigation comes as the parties are preparing to serve expert reports and beginning preparation of Markman claim construction briefing. The stay allows the parties, and the Court, to benefit from the USPTO’s expertise with respect to the validity and scope of the patent-at-issue.

Please feel free to contact Bryan Schomer (Member, Troy) at 248-433-7529 or Frank Smith (Associate, Troy) at 248-433-7393.