Se-Kure Controls, Inc. v. Senneco Sol’ns., Inc., No. 08 C 6075, Slip Op. (N.D. Ill. Oct. 23, 2009) (Holderman, C. J.)
Chief Judge Holderman stayed the case as to plaintiff Se-Kure Controls’ ‘590 patent while Se-Kure appealed Judge Guzman’s invalidity decision regarding the ‘590 patent. The Court, however, did not stay the case as to Se-Kune’s other two patents-in-suit – the ‘807 and ‘822 patents. The Court held that defendant Senneco would be prejudiced by a delay as to the ‘807 and ‘822 patents. And the appeal as to the ‘590 patent would not simplify issues regarding either the ‘807 or ‘822 patents.
But the Court held that the burden of staying just the ‘590 patent issues would be minimal. If the ‘590 patent invalidity decision were upheld it would reduce the issues for trial. If the decision was overturned, little additional discovery would be required. And the parties had already agreed to adopt Judge Guzman’s claim constructions, with only a few additional terms requiring construction.