TILLOTSON CORPORATION, d/b/a BEST MANUFACTURING COMPANY, Plaintiff, v. SHIJIAZHAUNG HONGRAY PLASTIC PRODUCTS, LTD.; GLOVECO, INC.; SAS SAFETY CORP.; PERMATEX, INC.; AMERCARE, INC.; ISLAND DENTAL CO., INC.; AND DARBY GROUP COMPANIES, INC., Defendants and Third-Party Plaintiffs, ANSELL HEALTHCARE PRODUCTS LLC, CARDINAL HEALTH 200, INC., MYDENT INTERNATIONAL CORP., KNK MEDICAL DENTAL SPECIALTIES, LTD., and SUPERMAX INCORPORATED CORP., Third-Party Defendants., 244 F.R.D. 683

Summary

As to the motion to stay, there was a related action pending in the United States District Court for the District of Delaware (Delaware action), filed subsequent to the instant case (Georgia action). It was a declaratory judgment claim filed by third-party defendant against plaintiff. The Delaware action and the Georgia action were based on the same patent. The Delaware action concerned one type of allegedly infringing glove, whereas the Georgia action concerned the same glove at issue in the Delaware action and other types of gloves from different manufacturers. Staying the Georgia action in favor of the Delaware action would not substantially advance or resolve the many infringement claims based on the many different types of gloves at issue in this case. Further, the broad principles of equity weighed in favor of permitting this first-filed action to proceed uninterrupted. As to supplemental infringement contentions, while plaintiff's eleventh hour investigation might have been ...