Philips Infringement Case Stayed Until ITC Appeals Exhausted

In re Princo (Fed. Cir. 2007).

28 U.S.C. § 1659 is designed to prevent separate proceedings on the same issues occurring at the same time in both Federal District court and before the International Trade Commission.

In this case, the district court had stayed its proceedings pursuant to Section 1659, but then reopened the litigation after ITC issued a general exclusion order prohibiting importation of infringing R/RW compact discs.

On writ of mandamus, the CAFC found that the stay should not be lifted until the ITC order is final and all appeals exhausted.  In making its decision, the CAFC also provides an extensive analysis of when it will (and will not) hear appeal prior to a final judgment.