Ameranth, Inc. v. Pizza Hut, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Dana M. Sabraw (author)
Analysis
Following a status conference in a patent litigation case, the court lifted a previously imposed stay. The court also ordered the plaintiff to show cause why it should be permitted to reassert patent claims that were previously excluded by a claim selection order.
| What the court decided | The model |
|---|---|
Lift the stay imposed in the October 23, 2020 Order.“The stay imposed in the Court’s October 23, 2020 Order (ECF No. 1491) is lifted.” | unsure The order does not provide the factual or legal basis for lifting the stay, only that it was done after a status conference. Without the underlying reasons, it is impossible to verify if the decision was legally sound. |
Order Ameranth to show cause why it should be allowed to reassert claims not selected in the February 14, 2017 Order.“Ameranth is ordered to show cause why it should be allowed to reassert any claims that were not selected in response to the Court’s February 14, 2017 Order.” | agree with court The court relies on Federal Circuit precedent (In re Katz and Nuance) regarding claim selection and the finality of such orders. Ordering a party to show cause is a standard procedural mechanism to test compliance with prior orders. The decision follows the cited authorities. |
The order itself: sound with gaps — The order is a short procedural directive. It correctly cites Federal Circuit authority for the proposition that claim selection orders are generally final. However, it does not explain the basis for lifting the stay, which is a significant procedural action. The reasoning for the show cause order is supported by the cited cases, but the lack of explanation for the stay lift is a gap.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Case No.: 11cv1810 DMS (WVG) IN RE: AMERANTH PATENT 12 LITIGATION CASES, ORDER FOLLOWING STATUS 13 CONFERENCE 14 15 16 A telephonic status conference was held on December 2, 2021. After hearing from 17 counsel for the parties, IT IS HEREBY ORDERED: 18 1. The stay imposed in the Court’s October 23, 2020 Order (ECF No. 1491) is lifted. 19 2. Consistent with In re Katz Interactive Call Processing Patent Litig., 639 F.3d 1303, 20 1311-13 (Fed. Cir. 2011), and Nuance Communications, Inc. v. ABBYY USA Software 21 House, Inc., 813 F.3d 1368 (Fed. Cir. 2016), Ameranth is ordered to show cause why it 22 should be allowed to reassert any claims that were not selected in response to the Court’s 23 February 14, 2017 Order. (See ECF No. 623) (directing Ameranth to select up to five 24 claims for assertion against each Defendant). Ameranth shall file its response to this order 25 on or before December 9, 2021. Defendants shall file an omnibus brief in response to 26 / / / 27 / / / 28 / / / 1 || Ameranth’s brief on or before December 16, 2021. The parties’ briefs on this issue shall 2 || be no more than fifteen (15) pages, respectively. 3 IT IS SO ORDERED. 4 ||Dated: December 2, 2021 em Dh 5 an Yn. Hon. Dana M. Sabraw, Chief Judge 6 United States District Court 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28