Posted on October 12, 2007 by Kevin Lemley

Monsanto Patent Infringement Case Will not be Stayed When Trial is One Month Away

The Eastern District of Arkansas declined to stay proceedings pending a reexamination by the USPTO in Monsanto v. Kyle, 2007 WL 2904143 (E.D. Ark. 10/3/07).

 

Monsanto's patent is being reexamined, and Kyle requested a stay of the court proceedings. The court easily declined this request. The case has been ongoing since November 2004, discovery (which was extensive) has concluded, dispositive motions have been filed and decided, and trial is scheduled for mid-November 2007. A stay would not simplify the issues at trial and would cause prejudice to Monsanto.

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