By Memorandum Order entered by The Honorable Colm F. Connolly in F’Real Foods, LLC v. Welbilt, Inc., Civil Action No. 19-1028-CFC (D.Del., October 31, 2019), the Court granted Defendant’s motion to stay the patent infringement action filed in the District of Delaware until the resolution of the parallel patent infringement filed by Plaintiff against Defendant’s business partner in the Southern District of Florida. Upon evaluation of the pertinent factors, the Court found that a stay of the District of Delaware action would (1) promote judicial economy by assuring that the issues of infringement and invalidity are not tried twice in duplicative litigation; (2) simplify the issues to be tried in the District of Delaware or entirely moot them; and (3) not cause prejudice to either party. Id. at *3-6.
A copy of the Memorandum Order is attached.