We Will Just Have to Wait – Judge Liman Grants Motion to Stay Pending Resolution of Parallel Motion to Dismiss
On October 4, 2022, District Judge Lewis J. Liman (S.D.N.Y.) granted a motion to stay pending the resolution of a motion to dismiss in a parallel proceeding. In April 2022, Plaintiff Diatek Licensing LLC (“Diatek”) asserted that Estrella Media, Inc. (“Estrella”) infringed claims of U.S. Patent No. 7,079,752 and U.S. Patent No. 8,195,828 (collectively, “the patents-in-suit”). Several months prior, Diatek filed a lawsuit in the same Court, asserting the same patents-in-suit against a different defendant, Accuweather (the “Accuweather Matter”). Accuweather filed a motion to dismiss under 35 U.S.C. § 101. Estrella filed a motion to dismiss on identical grounds and requested a stay pending resolution of the motion to dismiss in the Accuweather Matter.