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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Norfolk Division
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`CENTRIPETAL NETWORKS, LLC
`f/k/a CENTRIPETAL NETWORKS, INC.,
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`Plaintiff,
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`v.
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`KEYSIGHT TECHNOLOGIES, INC.,
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`Defendant.
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`Civil Action No. 2:22-CV-00002
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`ORDER
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`This matter is before the Court on Plaintiff’s Motion to Lift the Stay and Reopen Case
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`(“Motion”). ECF No. 59. On March 20, 2023, the Court stayed this matter pending the outcome
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`of an International Trade Commission (“ITC”) investigation involving three of the asserted
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`patents. Mem. Order at 12, ECF No. 57. During the intervening time, the Patent Trial and Appeal
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`Board (“PTAB”) instituted inter partes review of seven of the eleven asserted patents. Notice, ECF
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`No. 65. Plaintiff requests the Court lift the stay as to four of the asserted patents once the ITC
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`reaches its Final Determination, which is anticipated to be December 8, 2023. Pl.’s Mem. in Supp.
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`at 2, 8, ECF No 60.
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`Plaintiff’s Motion seeks prospective relief that is dependent on the conclusion of the ITC
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`investigation and any subsequent appeals.1 As such, the Court finds it appropriate to take the
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`Motion UNDER ADVISEMENT until the ITC proceedings are final.
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`1
`The patents currently before the ITC are subject to a mandatory stay “until the
`determination of the Commission becomes final.” 28 U.S.C. § 1659(a). The Commission’s
`determination is not final until the proceedings are no longer subject to judicial review. In re
`Princo Corp., 478 F.3d 1345, 1355 (Fed. Cir. 2007); see also 19 U.S.C. § 1337(c) (providing any
`person adversely affected by the ITC’s final determination sixty days to appeal the decision to the
`Court of Appeals for the Federal Circuit).
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`1
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`Case 2:22-cv-00002-EWH-DEM Document 66 Filed 09/13/23 Page 2 of 2 PageID# 2081
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`Accordingly, the status conference scheduled to occur on September 14, 2023 at 2:00
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`p.m. is hereby CANCELLED. The Court ORDERS the parties to file a joint notice as soon as
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`practicable, but in any event no later than sixty days after the ITC issues its Final Determination.
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`That joint notice must include:
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`•
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`the outcome of the ITC investigation;
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`• whether either party has appealed or intends to appeal the ITC decision; and
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`• a summary of the status of PTAB proceedings.
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`It is SO ORDERED.
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`Norfolk, Virginia
`Date: September 13, 2023
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`/s/
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`Elizabeth W. Hanes
`United States District Judge
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`2
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