Where the Patent Trial and Appeals Board (PTAB) had not yet ruled on a petition for Inter Partes Review (IPR), a U.S. District Court denied a defendant’s motion for a stay pending completion of the IPR. Seymour Levine v. The Boeing Co., No. 14-1991RSL (W.D. Wash. July 29, 2015). The court was swayed by the […]
Archive | Stays
Stay Granted Based on Inter Partes Review Petition Filed Four Months Before Patent Lawsuit
Judge Gilstrap in the Eastern District of Texas has granted a defendant’s motion for a stay based on institution of an Inter Partes Review (IPR) proceeding. MemSmart Semiconductor Corp. v. AAC Technologies Pte. Ltd., No. 2:14-CV-1107-JRG (E.D. Texas July 10, 2015). The defendant was able to present strong facts in support of a stay. Notably, […]
A District Court’s Denial of a Motion to Stay Is Not Appealable After a Petition Seeking a CBM Review Proceeding at the PTAB Has Been Filed (but not Granted)
By Charles Bieneman on April 22, 2015 in America Invents Act, Civil Procedure, Covered Business Method Patent Review, Stays
The Federal Circuit has dismissed, for lack of subject matter jurisdiction, a denial of a motion to stay where petitions had been filed, but not granted, seeking covered business method (“CBM”) reviews at the Patent Trial and Appeal Board (“PTAB”). Intellectual Ventures II LLC v. JPMorgan Chase & Co., 2015 U.S. App. LEXIS 5204 (Fed. […]
Initiation of CBM Review on Section 101 Grounds Justifies Stay of Patent Case
By Charles Bieneman on October 2, 2014 in America Invents Act, Civil Procedure, Covered Business Method Patent Review, Stays
The Federal Circuit has affirmed the decision of Judge Stark in the District of Delaware to stay a lawsuit alleging infringement of U.S. Patent No. 6,625,582 following the U.S. Patent and Trademark Office’s decision to institute a Covered Business Method (CBM) review of the ’582 patent. Benefit Funding Systems, LLC v. Advance America Cash Advance […]