Judge Denies Motion to Stay in View of Customer Suit Exception

In Motion Offense, LLC v. Sprouts Farmers Market, Inc. et al., WDTX-6-19-cv-00417 (Dkt. 42), the court denied a motion to stay brought under the Customer Suit Exception. The court based the denial on two findings. First, the Judge noted that “this is not a case where there are multiple customer suits at issue.  Here, there is a single customer lawsuit.” Second, the court concluded that because the customer suit before him involved direct infringement (as opposed to indirect infringement in the case against the “manufacturer”), the infringement issues before him were “simpler.”