Ascii Corp. v. Std Entertainment USA, Inc.

WALKER, District Judge.

Plaintiff ASCII Corporation brought a motion to stay proceedings pending the outcome of reexamination and/or reissuance proceedings in the United States Patent and Trademark Office or, in the alternative, to dismiss without prejudice pursuant to F.R.C.P. 41(a)(2). The matter was heard on February 18, 1994.

I

This case involves an action for patent infringement and false marking by ASCII Corporation (“ASCII”) against STD Entertainment USA, Inc. (“STD”). ASCII and STD are both in the business of, among other things, manufacturing home video game peripherals, which include…