Autodesk and Washington-based Open Design Alliance are trying to mend their ways. On February 23, they jointly asked the Western District to stay Autodesk’s infringement case for 30 days so they can “complete their ongoing settlement discussions.”
Their filing states: “These ongoing negotiations, which have taken time due to the number and location of entities and individuals involved, have been productive. The parties are now in the process of drafting final settlement documents and are optimistic that this will resolve the matter with finality.”
As STL reported in December, Autodesk previously alleged that Open Design Alliance infringed its AUTODESK registered trademark and falsely designated the origin of Open Design Alliance’s computer aided design software by using Autodesk’s proprietary file format and similar authentication process. On November 22, Western District Judge Marsha Pechman granted a TRO against the Open Design Alliance, finding that Autodesk had demonstrated both a strong likelihood of success on the merits and the possibility of immediate, irreparable injury from the Open Design Alliance’s simulation of Autodesk’s software.
The parties’ request comes after Autodesk moved for a preliminary injunction but before Open Design Alliance’s opposition was due. If the parties’ settlement talks fail, the parties say Autodesk will answer Open Design Alliance’s counterclaims and Open Design Alliance will respond to Autodesk’s motion for preliminary injunction.