Motion To Stay

News & Analysis as of

Stars Fail to Align for P&G, as Supreme Court Rejects Class Certification Appeal

Readers may recall our coverage in recent months of the challenge by Procter & Gamble (P&G) to an order certifying a multi-state consumer class in a case asserting that P&G falsely advertised its probiotic supplement Align....more

Ninth Circuit Dismisses Interlocutory Appeal Of Order Denying Motion To Stay Under Federal Arbitration Act For Lack Of...

Western Security Bank brought an action in the United States District Court for the District of Montana against certain doctors seeking to enforce commercial loan guaranties. The doctors asserted that a non-party, Meridian...more

Motion To Stay Pending Reexam Is Denied

Cronos Technologies, LLC v. Expedia, Inc., et al., C.A. Nos. 13-1538 – LPS; 13-1541-LPS; 13-1544-LPS, March 21, 2016 Stark, C. J. Defendants’ motion to stay pending ex parte reexamination is denied....more

Fifth Circuit Upholds District Court Dismissal Of Motion To Stay Arbitration

The appellant disputed the manner in which the arbitrators were selected under the applicable arbitration agreement, as well as the partiality of the arbitrators. The district court refused to stay the arbitration, ruling...more

Decision on STEM OPT Program is Delayed Until May 10, 2016

On January 23, 2016, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Colombia granted the U.S. Department of Homeland Security’s motion to extend the stay of the vacatur of the STEM OPT rule from...more

Business Litigation Reporter - February 2016

Confidentiality Agreement Must be Expressly Preserved in New Employment Agreement. The decision in Meschino v. Frazier Industrial Co., 2015 WL 7295463, at *1 (D. Mass. Nov. 18, 2015) (Stearns, J.), underscores that an...more

Chestnut v. Apple: District Court Puts Plaintiff to the Test--Proceed on Limited Number of Claims or Continue Stay pending Inter...

In this patent infringement action, the plaintiff asserted claims from two different patents against Apple. Apple filed an Inter Partes Review ("IPR") with the Patent Trial and Appeal Board ("PTAB") and moved to stay the case...more

Court Denies Motion To Stay Further Reinsurance Arbitration Pending Appeal Concerning Initial Arbitration

At the end of January, the United States District Court for the Eastern District of Michigan denied a motion to stay arbitration pending appeal. The case involves a reinsurance dispute between National Union Fire Insurance...more

39 Months of Inter Partes Review – By the Numbers

Welcome to the 12th volume of our IPR-PGR Report, reporting on the statistics that underlie Inter Partes Review and Post Grant Review proceedings. This quarter marked the second in a row in which the number of IPR filings per...more

District Court Denies Motion to Dismiss under Section 101 Even Though Two Other District Courts Had Founds Patents Ineligible

In this patent infringement action, the Defendants filed motions for partial summary judgment of invalidity with respect to two of the patents at issue in the case. The defendants argued that two district courts had already...more

California Environmental Law & Policy Update - January 2016 #4

Environmental and Policy Focus - States ask Supreme Court to block Obama carbon emissions plan - Reuters - Jan 26 - A group of states led by West Virginia and Texas asked the U.S. Supreme Court to stay...more

District Court Declines to Stay Action Pending Inter Partes Review ("IPR") Where Claim Construction Briefing Had Already Occurred

After the PTAB granted Defendant's petition for IPR on certain of the claims in the patent-in-suit, the defendant filed a motion to stay the action pending the resolution of the IPR. The plaintiffs objected to a stay, but...more

Clean Power Plan Litigation Update–Court Denies Stay, but Sets Expedited Schedule for Decision

On January 21, 2016, the U.S. Court of Appeals for the District of Columbia Circuit denied numerous requests to delay implementation of the Environmental Protection Agency’s (EPA) Clean Power Plan. While declining to put a...more

Unlike Keith Richards, I Have Not Fallen Out Of A Tree

Last month, I went out on a limb and predicted that the D.C. Circuit Court of Appeals would not stay the CPP. Today, the Court vindicated my faith in judicial rationality and refused to grant a stay. In a brief order, the...more

A Stay of Litigation Pending IPR Does Not Provide a Basis For Extending 30-Stay of FDA ANDA Approval

On December 11, 2015, the United States District Court for the Southern District of Indiana granted a motion to stay a Hatch-Waxman litigation pending the outcome of inter partes reviews (IPRs) on two of the patents-in-suit...more

Don’t Bury Your Head in the Sand

Asetek Danmark A/S v CMI USA, Inc., Case No. 13-cv-00457 (JST) (Tigar, J) - Patent litigation can be an expensive process for a defendant. That is why it is tempting for a defendant to try to exit a case as early as...more

Motion To Stay Pending Appeals Is Denied

LG Electronics, Inc., et al. v. Toshiba Samsung Storage, et al., C.A. No. 12-1063-LPS-CJB, December 11, 2015. Stark, C. J. Defendant’s motion to stay proceedings as to the ‘162 patent is granted as unopposed. Its...more

Stay Motion Late In Litigation Is Denied

Greatbatch Ltd. v. AVX Corporation, et al., C.A. No. 13-723-LPS, December 10, 2015. Stark, C. J. Defendants’ motion to stay pending IPR and reissue proceedings is denied. ...more

I’ll Go Out On A Limb; The CPP Will Not Be Stayed

I finally caught up with the brief filed by the government last week, opposing the motion to stay the EPA Clean Power Plan rule, pending full judicial review. I just don’t see the stay being granted (of course, I did not see...more

3 Years of Inter Partes Review – By The Numbers

Welcome to Harness Dickey’s Report on Litigation Practice before the United States Patent Office. Created by the America Invents Act, Inter Partes Review proceedings have already changed the face of patent litigation. Lower...more

Court Of Chancery Declines Stay In LLC Advancement Case

Tulum Management USA LLC v. Casten, C.A. 11321-VCN (November 9, 2015) - A Delaware court will not stay its hand in favor of litigation elsewhere in an advancement or indemnification case absent “exceptional...more

Wisconsin District Court Extends Stay in TCPA Case Pending Judicial Review of FCC Order

In Gensel v. Performant Technologies, Inc., No. 13-C-1196, 2015 WL 6158072, (E.D. Wisc. Oct. 20, 2015), the U.S. District Court for the Eastern District of Wisconsin granted Performant Technologies, Inc.’s (“Performant”)...more

Update on Environmental Regulations Impacting the Power Sector – Litigation May Create Uncertainty

As the electric power industry considers the options for compliance with an unprecedented suite of new environmental requirements, it faces continued uncertainty as to the fate of some of the most significant new regulations....more

Wisconsin District Court Stays TCPA Suit Pending Review of the FCC’s July 10 Order

In this case, plaintiff Gensel alleges, among other things, that Performant repeatedly called her cell phone number in an attempt to collect on another person’s debt, in violation of the TCPA. Gensel’s cell phone carrier had...more

ANDA Update - October 2015

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

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