Fellowes, Inc. v. Aurora Corp. of Am., No. 07 C 7237, Slip Op. (N.D. Ill. Feb. 10, 2009) (Kocoras, J.).
Judge Kocoras granted defendants’ motion to stay the litigation as to U.S. Patent No. 7,311,276 ("’276 patent") pending the ‘276 patent’s reexamination. The Court previously denied defendants’ motion to stay the case as to the two other patents in suit. But the Court granted a stay as to the ‘276 patent based upon the substantial new question of patentability identified by the Patent Office in granting the reexam. The Court acknowledged that defendants would be able to challenge the ‘276 patent’s validity after the reexam, but held that a stay would still reduce the burden of the litigation on all parties and the Court.