Direct response marketing company, Telebrands — creator of the “As Seen On TV” moniker — sued Seasonal for infringement of five patents.
Shortly after Telebrands brought suit, the US Patent Office instituted ex parte reexamination of two of Telebrands’ patents. Seasonal moved to stay the litigation until the proceedings before the Patent Office concluded.
Judge Bowbeer granted Seasonal’s request for a stay despite the fact that three asserted design patents were not subject to any Patent Office proceedings. The Court rejected Telebrands’ argument that the stay would cause undue delay, citing cases from the District of Minnesota rejecting that same argument.
Judge Bowbeer concluded that due to the substantial overlap in subject of all of the patents-in-suit, along with the overlap in percipient witnesses and documents, a stay would likely simplify the case and narrow the issues for trial.