No. 04 Civ. 10292 (LMM).
March 2, 2005
MEMORANDUM AND ORDER
The motion of defendant Primus Telecommunications Group, Inc. for a stay is granted for substantially the reasons set forth by Judge Holwell in Aerotel, Ltd. v. IDT Corp., No. 03 Civ. 6496, Slip Opinion, December 29, 2003. (Def. Mem. Ex. 1, Pl. Mem. Ex. 1.) This case is stayed (with the exception for limited discovery noted below) pending a decision in the currently pending (fourth and fifth) re-examinations by the Patent and Trademark Office ("PTO") of Patent No. 4,706,275.
The parties are to promptly report the results of the PTO re-examinations to the Court, and in any event, unless both re-examinations have been concluded, to report in writing regarding the status of the PTO proceedings not later than July 15, 2005.
Limited discovery of the same scope as that granted by Judge Holwell in IDT will be allowed. Either side (preferably both, jointly) may submit an order to that effect.