As inter partes reviews become harder to get, parties have been increasingly turning to ex parte review (EPR) proceedings. I've noticed an increase in requests for stays pending EPRs—at least one of which was recently granted, for a case in its early stages.
Yesterday, visiting Judge Wolson of EDPA issued an order addressing a later-stage motion to stay, which the Court denied.
Along the way, Judge Wolson set forth his views that, unlike IPRs, EPRs rarely warrant staying the action.
He first noted that these proceedings are uncertain and lengthy:
Parties routinely ask me to stay cases pending an EPR. I write here to explain why, except in extraordinary cases, I do not think …
