Order | Filed: October 02, 2026
| Entered: October 02, 2026
9878866 CANADA INC. v. INTAKE BREATHING TECHNOLOGY, LLC
Patent | District Of Columbia
Order on Motion for Leave to File Order on Motion to Stay Order on Motion to Clarify Set/Reset Deadlines
ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before October 7, 2026, the parties shall file an amended joint report pursuant to Local Civil Rule 16.3 and Federal Rule of Civil Procedure 26(f). After the parties file their joint report, the Court will expeditiously consider it and enter a discovery scheduling order in this case. It is further ORDERED that if Defendant/Counter-Plaintiff Intake Breathing Technology, LLC requests discovery on an issue that is ultimately mooted or deemed irrelevant due to a dispositive ruling made by the United States Court of Appeals for the Federal Circuit, then Plaintiff/Counter-Defendant 9878866 Canada Inc. may file a motion with the Court seeking attorney's fees for the cost expended responding to discovery request(s) made unnecessary based on any ruling rendered by the Federal Circuit. It is further ORDERED that 48 Intake Breathing Technology, LLC's Motion For Leave To File Supplemental Response Regarding Bond Amount is GRANTED. It is further ORDERED that [48-1] Intake Breathing Technology, LLC's Supplemental Response Regarding Bond Amount is ACCEPTED AS FILED. It is further ORDERED that the 49 Counter-Defendant's Motion For Leave To File A Supplemental Response To The Preliminary Injunction Order (ECF No. 42) Regarding Security To Be Posted By Counter-Plaintiff Pursuant To Fed. R. Civ. P. 65(c) is GRANTED. It is further ORDERED that 9878866 Canada Inc.'s supplemental response, see [49-149-29] are ACCEPTED AS FILED. It is further ORDERED that the 58 Counter-Defendant's Motion For Stay Of Preliminary Injunction Pending Appeal Pursuant To FRCP 62(d) And To Satisfy 8(a)(1) is DENIED AS MOOT in light of the Federal Circuit's stay of this Courts April 27, 2026 Order. See 9878866 Canada Inc. v. Intake Breathing Technology, LLC, No. 26-1828 (Fed. Cir. Sept. 16, 2026), Dkt. No. 19; Order (Apr. 27, 2026), 42 . It is further ORDERED that the 60 Plaintiff, Counter-Defendant 9878866 Canada Inc.'s Motion For Clarification Regarding ECF No. 54 is GRANTED in light of the following oral rulings made by the Court at the status conference, via teleconference, on October 1, 2026. Specifically, that the proceedings in this case were effectively stayed when the Court was notified that the plaintiff/counter-defendant filed an appeal of this Court's order granting the defendant/counter-plaintiff's motion for a preliminary injunction, and the Court vacated the initial scheduling conference and ordered the parties to "file a joint status report on or before the seventh day after the Federal Circuit has issued its mandate in the case on appeal notifying the Court of the [ ] Circuit's ruling and whether the ruling requires this Court to initiate further action in this case." See Order at 1 (June 8, 2026), 54 . Moreover, the Court will issue a discovery order after it considers the parties' forthcoming amended joint report. Additionally, because the Federal Circuit has stayed the Courts April 27, 2026 Order, see 42 , granting the defendant/counter-plaintiff's motion for a preliminary injunction, the Court lacks jurisdiction to resolve the issue of whether, or how much, security will be required pursuant to Federal Rule of Civil Procedure 65(c). Finally, the plaintiff/counter-defendant's motion to stay the preliminary injunction is denied as moot as indicated above because the Federal Circuit has stayed the Court's order granting the preliminary injunction. Signed by Judge Reggie B. Walton on October 2, 2026. (lcrbw1)