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EP Family v. Changzhou Win Up Time - Motion To Stay

The parties in the patent infringement case, EP Family Corp. v. Hangzhou Taihe Trading Co. et al., have filed a stipulation requesting the court to stay the proceedings pending a decision by the Patent Trial and Appeal Board on whether to institute inter partes review of the sole patent at issue. The parties agree that a stay would avoid unnecessary costs and efforts given the pending IPR decision deadline of September 2023. If review is instituted, the stay will continue until a final written decision is issued. The parties will update the court within 10 days of the IPR decision.

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Sarah Burstein
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234 views

EP Family v. Changzhou Win Up Time - Motion To Stay

The parties in the patent infringement case, EP Family Corp. v. Hangzhou Taihe Trading Co. et al., have filed a stipulation requesting the court to stay the proceedings pending a decision by the Patent Trial and Appeal Board on whether to institute inter partes review of the sole patent at issue. The parties agree that a stay would avoid unnecessary costs and efforts given the pending IPR decision deadline of September 2023. If review is instituted, the stay will continue until a final written decision is issued. The parties will update the court within 10 days of the IPR decision.

Uploaded by

Sarah Burstein
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Case 2:22-cv-04242-GW-MAR Document 44 Filed 06/14/23 Page 1 of 4 Page ID #:315

1 Lei Mei (State Bar No. 240104)


[email protected]
2 MEI & MARK LLP
818 18th Street NW, Suite 410
3 Washington, DC 20006
Telephone: 888-860-5678
4 Facsimile: 888-706-1173
5 Attorney for Defendants
Hangzhou Taihe Trading Co., Ltd. and
6 Ningbo Likeju Trading Co., Ltd.
7 Tommy SF Wang
WANG IP LAW GROUP, P.C.
8 18645 E. Gale Ave., Suite 205
City of Industry, CA 91748
9 Telephone: (626) 269-6753
Facsimile: (888) 827-8880
10 Email: [email protected]
11 Attorney for Plaintiff,
EP Family Corp.
12
13 THE UNITED STATES DISTRICT COURT
14 FOR THE CENTRAL DISTRICT OF CALIFORNIA
15
EP FAMILY CORP., a California
16 corporation Case No.: 2:22-cv-04242-GW-MARx
17 Plaintiff, STIPULATION AND JOINT
REQUEST TO STAY ACTION
18 v. PENDING INTER PARTES
REVIEW; [PROPOSED] ORDER
19 CHANGZHOU WIN UP TIME
TECHNOLOGY CO. LTD, et al., Complaint Filed: June 21, 2022
20 Judge: Hon. George H. Wu
Defendants.
21
22 AND RELATED COUNTERCLAIMS
23
24
25
26
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1
STIPULATION AND JOINT REQUEST TO
STAY ACTION PENDING INTER PARTES REVIEW
Case 2:22-cv-04242-GW-MAR Document 44 Filed 06/14/23 Page 2 of 4 Page ID #:316

1 Plaintiff EP Family Corp. (“EP”) and Defendants Hangzhou Taihe Trading


2 Co., Ltd. (“TAIHE”) and Ningbo Likeju Trading Co., Ltd. (“LIKEJU”) hereby
3 submit this stipulation, joint request, and proposed order to stay the proceedings
4 pending an anticipated decision on whether to institute inter partes review of the
5 sole patent at issue in this case.
6 The parties make this stipulation based on the following:
7 1. On June 21, 2022, Plaintiff EP Family Corp. filed a complaint against
8 numerous defendants alleging infringement of U.S. Design Patent D934,012 (“the
9 ’012 Patent”). (Dkt. 1).
10 2. On December 13, 2022, Defendants TAIHE and LIKEJU filed their
11 Answer to Complaint, Affirmative Defenses, and Counterclaims. (Dkt. 19).
12 3. No other defendants have filed an answer in this action.
13 4. On March 6, 2023, Defendants TAIHE and LIKEJU filed a petition
14 with the Patent Trial and Appeal Board (“PTAB”) for inter partes review of the sole
15 claim of the ’012 Patent (“the Pending IPR”). The petition was assigned Case No.
16 IPR2023-00658 and accorded a filing date on March 16, 2023.
17 5. On June 5, 2023, EP filed a patent owner preliminary response in the
18 Pending IPR.
19 6. Under 35 U.S.C. § 314, the PTAB will issue an institution decision in
20 the Pending IPR on or before September 5, 2023.
21 7. The Court issued a scheduling order on January 1, 2023. (Dkt. 26).
22 8. Trial is currently set for November 16, 2023. (Dkt. 26).
23 9. On March 9, 2023, Plaintiff filed a motion for default judgment against
24 Defendants Changzhou Win Up Time Technology Co., Ltd and Dong Mei Chen
25 (“Default Judgment Motion”). (Dkt. 36).
26 10. On May 3, 2023, the Court issued a Tentative Ruling Denying
27 Plaintiff’s Default Judgment Motion. (Dkt. 41).
28
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STIPULATION AND JOINT REQUEST TO
STAY ACTION PENDING INTER PARTES REVIEW
Case 2:22-cv-04242-GW-MAR Document 44 Filed 06/14/23 Page 3 of 4 Page ID #:317

1 11. On June 14, 2023, the Court adopted its Tentative Ruling denying
2 Plaintiff’s Default Judgment Motion. (Dkt. 43).
3 12. Aside from the Default Judgment Motion, no motions have been filed
4 in this case. Expert reports have not been served and the parties are still in fact
5 discovery.
6 13. The parties and the Court face a number of soon-approaching deadlines
7 between now and the PTAB’s anticipated decision on whether to institute trial in the
8 Pending IPR, including:
9 a. Completion of discovery, set for August 4, 2023
10 b. Completion of expert discovery by September 15, 2023.
11 c. Completion of Mediation by August 21, 2023 through a magistrate
12 judge.
13 14. Accordingly, Plaintiff EP and Defendants TAIHE and LIKEJU agree
14 that a stay of the above-captioned case pending the PTAB’s institution decision
15 would avoid unnecessary expenditure of judicial and party resources, and desire to
16 stay this action per the terms below.
17 THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and
18 between Plaintiff EP and Defendants TAIHE and LIKEJU, and subject to the
19 approval of the court that:
20 The entirety of this case shall be stayed pending the decision by the PTAB on
21 whether to institute trial in inter partes review in response to TAIHE and LIKEJU’s
22 petition. All remaining hearings and deadlines set forth on the docket shall be
23 vacated, including all deadlines set forth in the January 17, 2023 scheduling order
24 (Dkt. 26).
25 If the PTAB institutes inter partes review on the sole claim in the ’012 patent,
26 the stay will continue through the issuance of the final written decision pursuant to
27 35 U.S.C. § 318(a) in the Pending IPR. The parties shall file a status report within
28
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STIPULATION AND JOINT REQUEST TO
STAY ACTION PENDING INTER PARTES REVIEW
Case 2:22-cv-04242-GW-MAR Document 44 Filed 06/14/23 Page 4 of 4 Page ID #:318

1 ten (10) business days from the day of the final resolution of the Pending IPR,
2 apprising the Court of the status of the challenged claim and proposing actions to
3 take in the litigation.
4 If the PTAB does not institute trial in the Pending IPR, the parties shall file a
5 status report within ten (10) business days from the date of the PTAB’s decision,
6 apprising the Court of the status of the challenged claim and proposing actions to
7 take in the litigation, and jointly requesting the Court to then reset the case schedule.
8
9 Dated: June 14, 2023 Respectfully Submitted
10 By: /s/ Lei Mei
Attorney for Defendants
11 Lei Mei (State Bar No. 240104)
[email protected]
12 MEI & MARK LLP
818 18th Street NW, Suite 410
13 Washington, DC 20006
Telephone: 888-860-5678
14 Facsimile: 888-706-1173
15
Dated: June 14, 2023 Respectfully Submitted
16
By: /s/ Tommy SF Wang
17 Attorney for Plaintiff
Tommy SF Wang
18 WANG IP LAW GROUP, P.C.
18645 E. Gale Ave., Suite 205
19 City of Industry, CA 91748
Telephone: (626) 269-6753
20 Facsimile: (888) 827-8880
Email: [email protected]
21
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STIPULATION AND JOINT REQUEST TO
STAY ACTION PENDING INTER PARTES REVIEW

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