`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
`
`
`
`
`
`14cv0111
`ELECTRONICALLY FILED
`
`DRONE TECHNOLOGIES, INC.,
`
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`
`PARROT S.A., PARROT, INC.,
`
`
`
`Defendants.
`
`ORDER OF COURT RE: DEFENDANTS’ MOTION TO STAY PENDING INTER
`PARTES REVIEW OR TRANSFER VENUE (DOC. NO. 17)
`
`On January 24, 2014, Plaintiff filed a Complaint, in this Court, against Defendants
`
`
`
`
`
`
`
`
`alleging that Defendants’ toy drones and related app violated two of Plaintiff’s United States
`
`Patents (the ‘071 and ‘748 Patents). Doc. No. 1. On May 6, 2014, Defendants filed petitions in
`
`the United States Parent and Trademark Office (“USPTO”) seeking inter parties review of the
`
`two patents at issue. Presently before this Court is Defendants’ Motion to Stay Pending Inter
`
`Partes Review or Transfer Venue. Doc. No. 17. Defendants move this Court to stay the case
`
`pending inter partes review (to “streamline the case” and because Plaintiff “does not appear” to
`
`do business in the United States) or to transfer the case to the Eastern District of Michigan,
`
`where Defendant Parrot, Inc. is based. Doc. No. 18. Plaintiff opposes this Motion. Doc. No. 23.
`
`
`
`Although this case in its early stages, the Court declines to exercise its discretion to stay
`
`the action. Plaintiff has filed a Complaint in the Court and this Court has jurisdiction to hear all
`
`issues brought by Plaintiff. Parallel proceedings, filed after the present action, do not affect
`
`jurisdiction. This is consistent with this Court’s practice of denying motions to stay pending
`
`review by the USPTO in cases in which a plaintiff opposes the motion. Further, there is no
`
`
`
`Case 2:14-cv-00111-AJS Document 29 Filed 05/19/14 Page 2 of 2
`
`compelling reason to disturb Plaintiff’s choice of venue and transfer the case to the Eastern
`
`District of Michigan pursuant to 28 U.S.C. § 1404(a). This forum will provide for the just,
`
`speedy, and efficient resolution of Plaintiff’s claims and Defendants’ defenses. Fed. R. Civ. P. 1.
`
`
`
`AND NOW, this 19th day of May, 2014, IT IS HEREBY ORDERED THAT Defendants’
`
`Motion to Stay Pending Inter Partes Review or Motion to Transfer (Doc. No. 17) is DENIED.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`s/ Arthur J. Schwab
`Arthur J. Schwab
`United States District Judge
`
`All Registered ECF Counsel and Parties
`
`
`
`cc:
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
