Court Denies Stryker’s Motion to Stay Pending Decision on Motion to Dismiss

September 2, 2015 – The Court denied Defendant Stryker Corp.’s motion to stay pending a decision on its motion to dismiss for lack of standing.  The Court reasoned “[a] stay would not necessarily simplify the issues for trial, as the Court may permit [Plaintiff] Orthophoenix to amend its Complaint in lieu of dismissing [the case]” and “[a] stay would unduly prejudice [Plaintiff] Orthophoenix because, at the time [Defendant] Stryker filed its motion, the parties had already invested significant time over several months, including two Rule 16 conferences, in finalizing the Scheduling Order.”

The patents-at-issue relate to systems and methods for placing materials into bone.  The case is captioned Orthophoenix LLC v. Stryker Corp., et al., 13-CV-01628, and is pending in the District of Delaware.

By:  Christopher J. Stankus

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