Judge Bryon issued an interesting stay opinion last Friday.
The plaintiff had initially asserted six patents. Of those, four were dismissed under § 101, and the claims as to one of the remaining patents were severed and stayed pending IPR.
The case was set to go to trial on the last remaining patent on November 30, just over 11 weeks from the date of the order. But, last month, the PTO granted a request for ex parte reexamination of the sole asserted claim of that patent.
Shortly after that, Judge Bryson issued his opinion granting a motion to stay pending re-exam. A couple of interesting points:
- What a turnaround! Defendant first indicated it intended to request a stay …