This week in MYW Semitech, LLC v. Apple Inc., C.A. No. 25-504-RGA-EGT (D. Del.), the Court rejected a pre-institution IPR stay argument that I haven't seen before.
The accused infringer pointed out that the PTAB now considers whether any pending District Court action is stayed. It argued that, because institution would simplify the case (one of the traditional stay factors), the Court should stay pre-institution to maximize the chances of institution and, thus, simplification:
Under the new bifurcated process, granting a stay increases the likelihood of simplification of the issues. The factors considered by the Director as part of the discretionary denial process include “whether the court granted a stay” in this case. . . . This “evolving circumstance[]” means that granting a stay at this point directly increases the likelihood that [the accused infringer]’s IPRs will be considered on the merits and instituted—which in turns increases the likelihood that these IPRs will simplify the issues for the Court. . . . Thus, a stay promotes the simplification of the issues by encouraging the Director to allow consideration of the IPR on the merits for purposes of institution. The new discretionary denial procedure thus presents a new reality that uniquely warrants a stay while IPRs are at the discretionary considerations stage.
D.I. 65 at 2-3. Judge Andrews denied the pre-institution stay in a three-sentence oral order, and dedicated one of those three sentences to specifically rejecting this new argument:
ORAL ORDER: The motion for a stay pending IPR (D.I. 59 ) is DENIED without prejudice to renewal should an IPR actually be instituted. There is no reason to interrupt the schedule based on speculation about what might happen in April or June 2026. (D.I. 60 at 2). I note that I do not think that I should grant a stay in order to increase [the defendant]'s chances of getting an IPR instituted.
MYW Semitech, LLC v. Apple Inc., C.A. No. 25-504-RGA-EGT, D.I. 68 (D. Del. Jan. 21, 2026). Good to know!
If you enjoyed this post, consider subscribing to receive free e-mail updates about new posts.
