Motion To Stay

News & Analysis as of

Request for Stay Pending Before Institution of Inter Partes Review Denied

US Endoscopy Group requested a stay of proceedings pending resolution of three inter partes review (“IPR”) petitions pending before the U.S. Patent and Trademark Office (“PTO”). Judge Román recognized the benefits of the new...more

Case Alert -- Federal Circuit Reverses District Court Denying Stay Pending Covered Business Method Review

On July 10, 2014, the Federal Circuit issued an opinion in VirtualAgility Inc. v. Salesforce.com, Inc., in which it reversed the district court’s order denying Salesforce’s motion to stay the district court suit pending...more

Federal Circuit Reverses District Court and Orders Stay Pending Covered Business Method Patent Review

On July 10, 2014, the U.S. Court of Appeals for the Federal Circuit addressed a statutory provision of the recently enacted America Invents Act (AIA) that permits a stay of a district court patent litigation pending a Covered...more

Federal Circuit: Eastern District of Texas Should Have Stayed Litigation Pending USPTO Covered Business Method Review Proceeding

Covered Business Method Review (CBM) proceedings for challenging patents at the USPTO are more attractive than ever now that the Federal Circuit reversed an Eastern District of Texas judge’s denial of a motion to stay pending...more

Nevada Federal District Court Stays Discovery Based On Lack Of Jurisdiction Over Foreign Website Operator

On May 15, the U.S. District Court for the District of Nevada granted a motion to stay discovery pending adjudication of the motion to dismiss on the grounds that it likely lacked personal and specific jurisdiction over the...more

NAM Motion For Emergency Stay Denied In Conflict Minerals Case

The United States Court of Appeals for the District of Columbia has issued a per curiam order denying NAM’s motion for an emergency stay of the conflict minerals rules. Looked like kind of a moonshot anyway. The order is...more

NAM Replies To SEC In Conflict Minerals Emergency Stay

NAM et al have filed their reply brief in the conflict minerals emergency stay hearing. Highlights, many of which are not new points, are...more

Possible Future Stay of SEC’s Conflict Minerals Rules

Stay of conflict minerals disclosure may be decided by May 26, 2014. On May 7, the U.S. Court of Appeals for the District of Columbia Circuit ordered the briefing schedule that was requested by the National Association...more

Conflict Minerals Rule Update: U.S. Court of Appeals for the D.C. Circuit Issues Per Curiam Order in Conflict Minerals Case

On May 7, 2014 the United States Court of Appeals for the District of Columbia Circuit filed a per curiam order in response to the appellant’s emergency motion for stay of the SEC’s Conflict Minerals Rule...more

Court Schedules Briefing In Conflict Minerals Emergency Stay Motion

NAM et al’s original motion for an emergency stay in the conflict minerals case requested a decision by May 26, 2014, just ahead of the filing deadline for Form SD. The United States Court of Appeals for the District of...more

Versata v. SAP: Stay of $390 Million Judgment Denied Even Though PTAB Found Patent Invalid

After the jury returned a verdict of approximately $390 million against SAP and the verdict was affirmed on appeal, the Patent Trial and Appeal Board ("PTAB") preliminarily invalidated the patent (subject to appeal to the...more

NAM Files Court Motion For Stay Of Conflict Minerals Rules

NAM et al have filed an emergency motion for stay with the Court of Appeals in the conflict minerals case. As predicted, it is largely a replay of the arguments made when NAM asked the SEC for a stay....more

Conflict Minerals Rule Update: NAM Files Emergency Motion for Stay with D.C. Circuit Court of Appeals

Following through on its April 30 statement, the National Association of Manufacturers, joined by the U.S. Chamber of Commerce and the Business Roundtable, filed an emergency motion for stay of the SEC’s Conflict Minerals...more

Conflict Minerals Rule Update: NAM Motion for Stay

As mentioned below, on April 29, 2014, the National Association of Manufacturers (NAM), Chamber of Commerce and Business Roundtable filed a motion for stay with the SEC. The motion requested that the SEC stay its final...more

Stays Pending Inter Partes Review - New Strategies For The New Rules

As the Patent Trials and Appeals Board (“PTAB”) works through the first wave of filings under the new inter partes review (“IPR”) procedures, district courts are addressing an increasing volume of requests for stays pending...more

Motion to Stay Pending Inter Partes Review Denied Where Inter Partes Petition Did Not Challenge Two of the Asserted Independent...

Otto Bock HealthCare LP ("Otto Bock") filed a patent infringement against Defendants Össur hf and Össur Americas, Inc. (together, "Össur"). Otto Bock alleged that a number of Össur's infringed four claims of United States...more

Apple v. Samsung: District Court Denies Samsung's Emergency Renewed Motion for Stay Pending Reexamination of Apple's Patent

In the continuing battle between Apple and Samsung, Samsung recently filed an emergency motion to stay pending reexamination of an Apple patent. To analyze whether the stay was appropriate, the district court provided an...more

Inter Partes Review: The Judiciary’s Appreciation For A Predictable Timeline

The implementation of the Leahy-Smith America Invents Act (“AIA”) has changed the patent law landscape in the United States. One of the important changes brought about by the AIA was the introduction of Inter Partes Review...more

HUD Defendants Enter Unopposed Motion To Stay Challenge To Disparate Impact Rule

On August 15, the defendants to an action initiated by two insurance trade groups challenging the HUD rule authorizing “disparate impact” or “effects test” claims under the Fair Housing Act entered an unopposed motion for a...more

The Ropes Recap: Mergers & Acquisitions Law News

In this issue: *News from the Courts - Refinement re “Don’t Ask, Don’t Waive” Standstill Agreements - Proposed Delaware “Medium-Form Merger” To Create an Alternative to Top-Up Options - Court Rejects...more

Servicemembers Civil Relief Act: Provisions Affecting Banking Institutions

According to December 2012 data from the federal Bureau of Labor Statistics, the unemployment rate for Gulf War Era veterans, hovering around eight percent, remains higher than the national rate. Over the last decade, more...more

Pending Petition for CBM Review Results in Litigation Stay

The stay provisions of America Invents Act § 18(b) related to covered business method patent review1 (“CBM review”) were recently applied in Market-Alerts Pty. Ltd. v. Bloomberg Fin. L.P. et al., C.A. No. 12-780-GMS (D....more

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