A renewed motion to stay proceedings pending an inter partes review was denied in a patent infringement lawsuit against Samsung. The proceedings against Samsung will continue according to the recent opinion and memorandum filed by Judge Rodney Gilstrap on Friday. This case is being held in the Eastern District of Texas.
Samsung was originally sued by Solas OLED, Ltd. in March 2019 for appropriating U.S. Patent No. 9.256,311 (the ‘311 patent) titled “Flexible touch sensor,” which relates to touch sensors for smartphone screens. Two other patents were added to the case: U.S. Patent Nos. 6,072,450 (the ’450 Patent) and 7,446,338 (the ’338 Patent). Solas alleged that Samsung infringed upon its intellectual property with its “Galaxy smartphones with touchscreens (including flexible touch sensors) that wrap around the edges of the display.”
The new opinion is a response to Samsung’s motion “to stay [the] case based on its petitions for IPR [inter partes review] of the Asserted Patents.” Judge Gilstrap reminded that district courts “typically consider three factors when determining whether to grant a stay pending inter partes review of a patent in suit: (1) whether the stay will unduly prejudice the nonmoving party, (2) whether the proceedings before the court have reached an advanced stage, including whether discovery is complete and a trial date has been set, and (3) whether the stay will likely result in simplifying the case before the court.” He said that the motion for stay was not approved because the case is in an advanced stage, and a stay would prejudice Solas who has already taken a financial hit during the proceedings.
Solas OLED is a Dublin-based company that licenses OLED technology. OLED refers to organic light-emitting diodes, which are used in smartphone screens, television screens, and computer monitors, among other things. The company is represented in court by firms Dovel & Luner, Russ August & Kabat, and Ward, Smith & Hill. Samsung is represented by Covington & Burling.