Court Denies Government’s Motion to Stay

(Tuesday, November 19, 2013 – Washington, D.C.): The Court of Federal Claims came down with an order denying the U.S. Government’s motion to stay Blue Spike, LLC v. the United States, Case No. 13-419-C. Plaintiff brought suit against the U.S. under Title 28 USC §1498 for the unlicensed procurement, manufacture, and use of patented inventions as claimed in U.S. Patent Numbers 8,214,175, 7,949,494, 7,660,700, and 7,346,472. See Dkt. 010, Blue Spike’s First Amended Complaint. In lieu of an answer, Defendant filed a motion to stay pending the resolution of a case in a United States District Court involving the same four patents. See Dkt. 011, USA’s Motion to Stay. As Blue Spike requested, the Court denied the U.S. Government’s motion to stay at least until the U.S. Government provided its required notification to its suppliers of the alleged infringing products, which Blue Spike identifies in its Amended Complaint as including ImageWare Systems, Inc., AOptix Technologies, Inc., Lumidign, Inc., Iris ID Systems, Inc., and MorphoTrust USA, Inc. The Court ordered the Defendant to file an answer to the amended complaint and notify interested parties according to RCFC 14(b)(3) no later than December 20. See Dkt. 017, Court Order Denying Motion to Stay

[In light of a recent agreement, Agnitio Corp. is no longer affiliated with this action.]

Blue Spike is represented by Randall Garteiser, Chris Honea, Chris Johns, Kirk Anderson, and Peter Brasher with Garteiser Honea P.C. out of Tyler, Texas.

The U.S. Government is represented by Stuart F. Delery, Assistant Attorney General; John Fargo, Director, Commercial Litigation; Gladys M. Steffens Guzmán, IP Trial Attorney, with the Department of Justice.

Judge: Edward J. Damich



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