Motion To Stay

News & Analysis as of

Ninth Circuit Denies Requests to Stay Use of Enlist Duo Herbicide During Judicial Review

On August 11, 2015, the U.S. Court of Appeals for the Ninth Circuit denied a motion for a stay pending review filed on December 18, 2014, by the Natural Resources Defense Council (NRDC), as well as a subsequent stay motion...more

Second Circuit: FAA Mandates Stay of Claims Pending Arbitration

The Second Circuit recently held in Katz v. Cellco P’Ship d/b/a/ Verizon Wireless, Nos. 14-138, 14-291, 2015 WL 4528658 (2d Cir. July 28, 2015) that, under the Federal Arbitration Act (“FAA”), district courts must stay all...more

District Court Denies Stay Based on Inter Partes Review ("IPR") Where Less than 25% of Claims at Issue were Subject to IPR

Defendants HTC America, Inc., HTC Corporation, AT&T Mobility LLC, Cellco Partnership, Sprint Spectrum L.P., Kyocera Corporation, Boost Mobile, T-Mobile USA, Inc. and ZTE (USA), Inc. filed a motion to stay pending resolution...more

Court Clarifies Conditions to Certify a Class Action for Damages under Section 36 of the Competition Act

On August 7, 2015, Justice R. LeBlanc of the Federal Court of Canada dismissed a motion to certify a class action in Murphy v. Amway Canada Corporation, clarifying the conditions a proposed class plaintiff must meet in order...more

No Amendments and No Stay

Adaptix v. ZTE Corporation, et al. (Magistrate Grewal) - Magistrate Grewal recently issued two orders in related cases between plaintiff Adaptix and various defendants. In the first order, he denied plaintiff’s...more

Second Circuit Clarifies That A Stay, Not Dismissal, Is The Appropriate Federal Arbitration Act Remedy

When a party files a lawsuit in violation of a contractual obligation to arbitrate, the defendant often moves to "dismiss or stay" pending arbitration pursuant to Section 3 of the Federal Arbitration Act ("FAA"), 9 U.S.C. §...more

Play for Pay? Not Today, Says the Ninth Circuit in the Latest NCAA Ruling

Whether the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws remains an active issue before the Ninth Circuit Court of Appeals. But the dramatic changes ordered by U.S....more

District Court Denies Motion to Stay Pending Inter Partes Review as "Toss Up"

The Boeing Company ("Boeing") filed a motion to stay pending inter partes review" ("IPR") after Boeing had requested that the United States Patent and Trademark Office ("PTO") conduct an inter partes review of U.S. Patent No....more

PHH Wins Stay of $109M CFPB Enforcement Penalty

On August 5, 2015, PHH Corp. (“PHH”) won a stay of the $109M penalty handed down by Consumer Financial Protection Bureau (“CFPB”) director Rich Cordray. Cordray’s aggressive legal reasoning and the harsh penalties he imposed,...more

Motion To Stay Pending Decision On Dismissal Or Transfer Is Denied.

Defendant seeks a stay pending resolution of its motions to dismiss or transfer to California. The court expects to resolve defendants’ transfer motion in the near future along with similar motions in related cases. Those...more

Ninth Circuit Orders Stay in O’Bannon Case

On July 31, 2015, the United States Court of Appeals for the Ninth Circuit granted the NCAA’s request to stay the injunctions ordered by the District Court in the O’Bannon v. NCAA case....more

District Court Stays Case Pending Petition for Writ Certiorari to the United States Supreme Court

After the Federal Circuit remanded the case to the district court, the defendant filed a motion to stay the case pending the United States Supreme Court's review of the petition for writ of certiorari. As explained by the...more

Ninth Circuit Affirms Judge Robart’s RAND Decision (Microsoft V. Motorola)

Yesterday, the Ninth Circuit court of appeals issued a decision affirming Judge Robart’s RAND decision in the much watched Microsoft v. Motorola case, basically ruling that the determination of a reasonable and...more

Second Circuit Clarifies That Arbitrable Claims Should Be Stayed, Not Dismissed

Parties who ask a court to compel arbitration of all the plaintiff’s claims have a decision to make: should they ask the court to stay the claims or dismiss them (if it finds them arbitrable)? After noting that the federal...more

District Court Lifts Stay after PTAB Confirms Eight Claims Even Though Defendant Planned to Appeal to the Federal Circuit

The district court had previously granted Defendant Respironics, Inc.'s ("Respironics") unopposed motion to stay the patent infringement action filed by the plaintiff, Zoll, pending an inter partes review ("IPR") of the...more

Tangle Between Hair Care Companies Stayed Pending IPR

Days after the PTAB instituted Inter Partes Review (IPR), Judge Alvin Thompson in the District of Connecticut has stayed a case between Conair and Tre Milano. Conair sued Tre Milano in October 2014, for infringing U.S....more

After Transfer, Case Is Stayed Pending IPR Even Though Only Three of Twenty-Two Claims Were at Issue in the IPR

Plaintiff ACQIS, LLC ("ACQIS") filed a patent infringement action in the Eastern District of Texas alleging that Defendant EMC Corporation ("EMC") had infringed claims in 11 patents owned by ACQIS. Specifically, ACQIS alleged...more

Court Denies "Emergency" Motion to Lift Temporary Stay Noting That Plaintiff "Is Palpably Irritated," But "That's Not Going to Cut...

In this patent infringement action, Meyer Products LLC ("Meyer Products" or "defendant") filed a motion to stay the case pending an inter partes review. After the motion was filed, the court set a briefing schedule. As part...more

Emergency Motion to Stay Granted Where PTAB Issued Decision Invalidating All Asserted Claims

Defendants filed an emergency motion to stay the case pending an appeal of the PTAB's decision that invalidated all of the asserted claims in the patent-in-suit. Earlier in this case, Defendants had petitioned for inter...more

Motion To Stay Pending IPR Is Denied Without Prejudice

The PTAB has not yet instituted the IPR petition. The deadline for decision on whether to institute the IPR petition is October 22, 2015. Delay in petitioning for IPR could create some tactical disadvantage to plaintiff and...more

Case Dismissed After Claims Upon Which Lawsuit Was Initiated Were Cancelled During Re-Examination

Defendant Extended Disc North America, Inc. ("EDNA") filed a motion for summary judgment of non-infringement and invalidity, and, alternatively, a motion to dismiss against plaintiff Target Training International, Ltd.'s...more

SEC Denies Motion to Stay Regulation A+

On June 16, the Securities and Exchange Commission denied a motion, filed by Monica J. Lindeen, Montana State Auditor, ex officio Commissioner of Securities and Insurance, which sought to stay the effectiveness of new...more

Second Circuit Denies Stay of Injunction for American Express

Earlier today the U.S. Court of Appeals for the Second Circuit issued an order denying American Express’s motion for a stay of an injunction requiring AmEx to modify its rules prohibiting merchants from steering customers to...more

Tenth Circuit Affirms Lift Of Arbitration Stay For Failure To Pay Requisite Fees

In late May, the Tenth Circuit Court of Appeals affirmed a district court decision to lift an arbitration stay for Plaintiff Pre-Paid Legal Services, Inc. (“Pre-Paid”) as Defendant Todd Cahill (“Cahill”) failed to pay his...more

SEC Denies Montana’s Request to Stay Regulation A+

Montana and Massachusetts previously filed suit to challenge Regulation A+ adopted by the SEC under the JOBS Act. On June 5, 2015, Montana requested that the Commission stay the effective date of the amendments to Regulation...more

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