1ST MEDIA, LLC, Plaintiff-Appellant, v. ELECTRONIC ARTS, INC., Harmonix Music System, Inc. and Viacom, Inc., Defendants-Appellees, and Sony Computer Entertainment America, Inc., Defendant-Appellee.

No. 2010-1435.United States Court of Appeals, Federal Circuit.
October 28, 2010.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the United States District Court for the District of Nevada in case no. 07-CV-1589, Judge James C. Mahan.

Robert P. Greenspoon, Flachsbart Greenspoon, LLC, Chicago, IL, for 1st Media, LLC.

Patrick L. Patras, Jenner Block LLP, Chicago, IL, for Electronic Arts, Inc., Harmonix Music System, Inc. and Viacom, Inc.

B. Trent Webb, Shook, Hardy Bacon, LLP, Kansas City, MO, for Sony Computer Entertainment America, Inc.

Before SCHALL, Circuit Judge.

1st Media, LLC moves without opposition to stay proceedings in this appeal pending this court’s en banc disposition in Therasense v. Becton, Dickinson Co., 2008-1511.

1st Media asserts that this case and Therasense
involve the same issue, specifically what standards govern in inequitable conduct cases.

We note that oral argument in Therasense is currently set for November 9, 2010.



(1) The motion to stay is granted. 1st Media is directed to inform the court within 30 days of the disposition o Therasense how it believes this appeal should proceed. The appellees may also respond within that time.

(2) A copy of this order shall be transmitted to the en banc court to inform it of this related appeal.