Magistrate Judge H. Kenneth Schroeder
Steuben Foods makes low-acid aseptic dairy products not needing refrigeration before opening. GEA Process Engineering Inc. has sold bottle filling systems made in Italy by GEA Procomac S.p.A. (collectively GEA) allegedly infringing Steuben’s five patents issued between 2001 and 2005. GEA also installed the allegedly infringing filling systems at Nestle USA in 2009. In addition to its 2010 grant of ex parte reexamination of Steuben’s ’188 and ’013 patents, the U.S. Patent and Trademark Office (PTO) granted Shibuya Kogyo Co. Ltd. inter partes reexamination (IPR) of Steuben’s ’468 patent and ex parte reexamination of its ’591 patent. District court denied GEA’s motion to stay Steuben’s Sept. 24, 2012 patent infringement lawsuit pending the PTO’s reexamination of the patents at issue. Discussing the factors outlined in Xerox v. 3Com, the court found that a stay of proceedings would prejudice Steuben, and that although the reexaminations are under way, they were not likely to simplify the issues to such a degree as to merit a stay. Notably, the reexaminations would not preclude GEA from challenging, in the present litigation, the validity of claims confirmed by the PTO.