by Gasper LaRosa | Oct 21, 2019 | Other News, Stay
By Gasper LaRosa and Stephanie M. Brooker What happens when patent claims are found unpatentable in inter partes review (“IPR”) and new claims are subsequently added to that patent through ex parte reexamination? The District Court for the Northern District of...
by John Marlott | Oct 1, 2019 | Stay
By John Marlott After SAS, does institution of an IPR make a district court more or less likely to stay a parallel litigation? Maybe, maybe not. In its April 2018 decision in SAS Institute v. Iancu, the U.S. Supreme Court ruled that the PTAB cannot take a selective,...
by Matthew Johnson | Aug 8, 2019 | Stay
By Sue Gerber and Matt Johnson Reexamination can be stayed pending IPR proceedings for good cause shown. The PTAB recently found good cause for a stay had been established when the reexamination proceedings and IPR proceedings had only a single claim in common, but...
by Matthew Johnson | Jun 20, 2019 | Stay
By Jen Bachorik and Matt Johnson The United States District Court for the Central District of California recently denied Defendant Adobe Systems Inc.’s motion to stay litigation pending resolution of parallel inter partes review (“IPR”) proceedings before the PTAB...
by Matthew Johnson | Dec 26, 2018 | PTAB News, Stay
By Tom Ritchie and Matt Johnson In Microsoft Corp. v. Saint Regis Mohawk Tribe, the PTAB refused to stay ten IPRs filed by Microsoft while Patent Owner St. Regis appeals a Federal Circuit decision that tribal sovereign immunity cannot be asserted in an IPR proceeding....
by Matthew Johnson | Oct 3, 2018 | Stay
By Matt Johnson District courts have discretionary authority to grant a motion to stay. Courts consider three factors in deciding how to exercise that discretion, the first being whether a stay will simplify the issues for trial. In Universal Secure Registry, LLC v....
