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Eagle View Technologies v. Nearmap US
2:21-cv-00283
D. Utah
Aug 25, 2025
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Background

  • Plaintiffs EagleView Technologies, Inc. and Pictometry International Corp. assert patent-infringement claims in two related cases: No. 2:21-cv-283 (against Nearmap) and No. 2:22-cv-215 (against GAF).
  • The 283 Case asserts 13 patents (99 claims); the 215 Case asserts a subset (9 patents).
  • All asserted patents/claims are involved in ongoing PTO proceedings or appeals to the Federal Circuit; the PTO already found all asserted claims unpatentable in several patents and instituted reexamination for multiple others.
  • Plaintiffs oppose a stay; Defendants (Nearmap and GAF) support staying the district-court proceedings pending the PTO/Federal Circuit outcomes.
  • Fact discovery is complete; claim construction and summary-judgment motions are pending; expert discovery and trial remain.
  • The Court granted a stay and administratively closed the cases, directing parties to notify the Court within five days of completion of the PTO/Federal Circuit proceedings.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Undue prejudice from delay EagleView: stay would cause significant prejudice because parties are direct competitors and stay could be lengthy Defendants: delay inherent to PTO process does not alone show undue prejudice; no injunction sought and damages can compensate any infringement Court: No undue prejudice shown; delay alone insufficient and lack of injunctive relief undermines prejudice claim
Simplification of issues EagleView: did not oppose simplification argument but pressed prejudice concerns Defendants: PTO proceedings likely to cancel/limit claims and provide guidance, simplifying litigation Court: Stay likely to significantly simplify issues and trial given number/complexity of patents and PTO invalidations
Status of discovery and trial readiness EagleView: significant litigation effort already invested; want timely resolution Defendants: substantial work remains (expert discovery, trial) so stay will avoid wasted resources Court: Though fact discovery done, key tasks (expert discovery, dispositive motions, trial) remain; this factor favors stay
Overall request to stay EagleView: opposes stay primarily due to prejudice and competitive harm Nearmap/GAF: request stay due to overlapping PTO/Fed. Cir. proceedings Court: Granted stay and administratively closed cases pending PTO and Federal Circuit resolution

Key Cases Cited

  • Ethicon, Inc. v. Quigg, 849 F.2d 1422 (1988) (recognizing district courts' power to stay cases pending PTO reexamination)
  • eSoft, Inc. v. Blue Coat Sys., Inc., 505 F. Supp. 2d 784 (D. Colo. 2007) (legislative history supports liberal stays pending reexamination)
  • Murata Mach. USA v. Daifuku Co., 830 F.3d 1357 (Fed. Cir. 2016) (stay factors: prejudice, simplification, status of discovery/trial)
  • In re Medical Components, Inc., [citation="535 F. App'x 916"] (Fed. Cir. 2013) (delay alone does not establish undue prejudice)
  • Smartflash LLC v. Apple, Inc., [citation="621 F. App'x 995"] (Fed. Cir. 2015) (affirming stay even shortly before trial when PTO proceedings encompassed all asserted claims)
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Case Details

Case Name: Eagle View Technologies v. Nearmap US
Court Name: District Court, D. Utah
Date Published: Aug 25, 2025
Docket Number: 2:21-cv-00283
Court Abbreviation: D. Utah