Bell Semiconductor, LLC v. NXP USA, Inc.

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA BELL SEMICONDUCTOR, LLC, Case No. 22-cv-0594-BAS-KSC 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO STAY (ECF No. 32) AND REQUIRING INTERIM NXP USA, INC., STATUS REPORTS 15 Defendant.

17 Before the Court is a joint motion to stay this patent action in light of parallel proceedings at the International Trade Commission. (ECF No. 32.) In both this case and before the ITC, Plaintiff Bell Semiconductor is asserting a single patent against Defendant NXP USA. (Compl.; Mot. Ex. 1, ECF No. 32-1.) On June 7, 2022, the ITC instituted a parallel proceeding in Certain Electronic Devices And Semiconductor Devices With Timing-Aware Dummy Fill And Components Thereof, Investigation No. 337-TA-1319.

23 (Mot. Ex. 2, ECF No. 32-2.)

24 Under 28 U.S.C. § 1659, “at the request of a party to the civil action that is also a respondent in the proceeding before the Commission, the district court shall stay, until the determination of the Commission becomes final, proceedings in the civil action with respect to any claim that involves the same issues involved in the proceeding before the Commission.” The purpose of this mandatory stay “is to prevent separate proceedings on | same issues occurring at the same time” and to avoid duplicative and inefficient || consumption of the court’s and parties’ resources. In re Princo Corp., 478 F.3d 1345, 1355 ||(Fed. Cir. 2007); see also Polymer Tech. Sys., Inc. v. ACON Lab’ys, Inc., No. 18-CV- ||00805-H-JLB, 2018 WL 3388123, at *2 (S.D. Cal. July 11, 2018) (applying stay || provision).

6 The Court finds § 1659 applies here. Hence, the Court GRANTS the parties’ joint |}motion (ECF No. 32) and STAYS this action pending the final decision in ITC || Investigation No. 337-TA-1319. Further, the Court ORDERS the parties to file a joint || status report no later than December 21, 2022, and to file a joint status report every six 10 months thereafter until ITC Investigation No. 337-TA-1319 has concluded. The Court also |} ORDERS the parties to file a joint status report within ten (10) days after the ITC issues 12 final decision in Investigation No. 337-TA-1319.

13 IT IS SO ORDERED.

14 A , || DATED: June 21, 2022 (Yin A (Lyohan.

16 United States District Judge