In re Princo Corp.

This case involves a suit for patent infringement by U.S. Philips Corporation (“Philips”) against Princo Corporation and Princo America Corporation (“Princo”). Princo seeks a writ of mandamus directing the United States District Court for the Southern District of New York to (1) stay the case pursuant to 28 U.S.C. § 1659 (2000) and (2) vacate its order granting Philips’s motion for summary judgment on Princo’s patent misuse defense. We conclude that the district court erred under § 1659 when it did not stay the case until related proceedings before the Commission, including any appeals, become final. We accordingly grant Princo’s petition for a writ of mandamus.

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