Rampart IC, LLC v. Egg Medical, Inc.
1:24-cv-00643
D. Del.Apr 14, 2025Background
- Rampart IC, LLC holds the exclusive rights to U.S. Patent No. 11,660,056, related to a radiation shielding system issued in May 2023.
- Rampart sued Egg Medical, Inc., alleging its "EggNest Complete" product infringes the ‘056 Patent.
- Egg Medical requested ex parte reexamination of the patent and moved to stay the litigation pending the outcome.
- The USPTO issued a non-final office action rejecting all 30 patent claims; Rampart responded with proposed amendments to all claims.
- At the time of the motion, discovery was in its infancy: no scheduling order, claim construction, or trial date were set.
- The court must decide whether to stay proceedings pending the reexamination outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether stay will simplify trial issues | Reexam will not simplify; few claims cancelled | All claims were rejected, likely simplifying or mooting the case | Stay likely to simplify or moot issues |
| Status of litigation and timing | Minimal burden to continue case | Litigation is at very early stage; resources may be wasted | Early stage favors a stay |
| Prejudice or tactical advantage | Delay prejudices Rampart, especially as competitors | No product sold yet; no undue prejudice | No undue prejudice or tactical advantage |
| Delay due to reexamination proceedings | Reexam could take years, causing harm | Delay alone is insufficient; stay is timely | Potential delay not sufficient to deny stay |
Key Cases Cited
- Nken v. Holder, 556 U.S. 418 (2009) (court has discretion to grant a stay and party seeking stay bears the burden)
- Procter & Gamble Co. v. Kraft Foods Glob., Inc., 549 F.3d 842 (Fed. Cir. 2008) (recognizing inherent power to grant stay pending patent reexamination)
- Commonwealth Ins. Co. v. Underwriters, Inc., 846 F.2d 196 (3d Cir. 1988) (upholding district court's authority to stay litigation)
