
We discussed last month how it has, in Judge Andrews' words, become fairly routine for the Court to grant stays following IPR institution. With the recent increase in granted stays, one can see how a litigant might be tempted to fly even closer to the sun, and extend a stay through an appeal to the Federal Circuit.
Judge Connolly gave those gallant dreamers a bit of hope on Tuesday when he granted just such a motion in DDR Holdings, LLC v. Priceline.com LLC, et al., C.A. No. 17-498-CFC, D.I. 101 (D. Del. Jan 19, 2021). In that case, the parties had stipulated to a stay pending …