A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Stay Pending IPR

Deal with it kitty, you're going to be famous
Deal with it kitty, you're going to be famous Go to Bogdan Farca's profile Bogdan Farca, Unsplash

Reader, I feel like we know each other, so I'm going to level with you. We are going to write a post about absolutely everything Judge Williams does for the next month or so.

New standing order? POST.

First trial? POST.

Pets a cute cat? 2 POSTS.

If you stop clicking? We'll just start juicing the headlines (Judge Williams DESTROYS cat!). This is the world we all live in now.

On a totally unrelated note, Judge Williams issued an opinion today continuing the trend of longer and longer IPR stays. The parties in Personal Genomics Taiwan, Inc. v. Pacific Biosciences of California, Inc., No. 19-1810-GBW-MPT, had initially stipulated to a stay pending an IPR. That stay expired in February when the case was still assigned to Judge Stark. Two weeks later the defendant moved to stay pending appeal of the IPR (which had been only partially successful). Briefing closed right around the time the case was transferred ...

There go the patentee's chances to oppose a stay....
Saad Chaudhry, Unsplash

In an oral order today, Judge Fallon stayed an action where there was an IPR on just one of two asserted patents:

ORAL ORDER: Having reviewed Defendant's letter motion to stay the case pending issuance of the PTAB's final written decision in the IPR proceedings . . . IT IS HEREBY ORDERED that: (1) Defendant's motion to stay is GRANTED because Defendant has satisfied the three stay factors. See IOENGINE, LLC v. PayPal Holdings, Inc., C.A. No. 18-452-WCB et al., 2019 WL 3943058, at *2 (D. Del. Aug. 21, 2019). First, the stay will simplify the issues for trial because the PTAB's final written decision is likely to resolve prior art-based invalidity …