Aptiv Technologies AG v. Microchip Technology, Inc.

Summary

The United States District Court for the District of Delaware denies Microchip Technology’s motions to stay patent litigation pending ex parte reexamination proceedings and to modify the scheduling order. The court concludes that the reexaminations are unlikely to provide sufficient certainty or simplification, the litigation has advanced substantially, and further delay could prejudice Aptiv. The court also finds no good cause to permit Microchip to exceed the existing limit on prior-art references because the asserted claim structure and proposed references were foreseeable or previously known.

Holdings

1. The court denied the motion to stay because Microchip did not show that ex parte reexamination was likely to simplify the issues, the case was well advanced, and an additional stay would risk prejudicing Aptiv.
2. The court denied Microchip's motion to modify the scheduling order because Microchip failed to demonstrate good cause and diligence under Rule 16(b)(4).

Questions Presented

1. Whether the action should be stayed pending completion of ex parte reexamination proceedings concerning the two surviving patents.
2. Whether Microchip established good cause under Federal Rule of Civil Procedure 16(b)(4) to modify the scheduling order and increase the number of permitted prior-art references from six to seven per patent.

Disposition

other