News & Analysis as of

Motion To Stay Patent Infringement

Akin Gump Strauss Hauer & Feld LLP

WDTX Magistrate Judge Grants Stay Pending IPR Despite Alleged Delay Tactics by Defendant in Pre-Suit Negotiations

The Western District of Texas granted a motion to stay a patent infringement lawsuit pending inter partes review not only because doing so would simplify the issues in the still-early litigation and reduce the burden on the...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: December 2023

Fish & Richardson on

This post reviews developments from the Northern, Southern, Eastern, and Western Districts of Texas in December 2023. ...more

Patterson Belknap Webb & Tyler LLP

We Will Just Have to Wait – Judge Liman Grants Motion to Stay Pending Resolution of Parallel Motion to Dismiss

On October 4, 2022, District Judge Lewis J. Liman (S.D.N.Y.) granted a motion to stay pending the resolution of a motion to dismiss in a parallel proceeding. In April 2022, Plaintiff Diatek Licensing LLC (“Diatek”) asserted...more

Patterson Belknap Webb & Tyler LLP

Magistrate Judge Wicks Stays Litigation Before IPR Institution in Skin-Tightening Dispute

On April 6, 2022, U.S. Magistrate Judge James M. Wicks (E.D.N.Y.) granted Defendant Cartessa Aesthetics, LLC’s (“Cartessa”) motion to stay the litigation pending the resolution of IPRs filed against each of the five asserted...more

Smart & Biggar

Federal Court stays re-examination of glatiramer acetate patent pending appeal in PMNOC proceeding

Smart & Biggar on

On April 26, 2021, the Federal Court granted Teva’s motion for a stay of the re-examination proceeding commenced by Pharmascience in respect of Canadian Patent No. 2,760,802 (802 patent) relating to glatiramer acetate (Teva’s...more

Fox Rothschild LLP

Judge Connolly Grants Hospira And Pfizer’s Motion To Stay Patent Infringement Action Pending Resolution Of Related Action

Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Colm F. Connolly, in Amgen Inc. et al. v. Hospira, Inc. et al., Civil Action No. 20-0561-CFC (D.Del. January 7, 2021), the Court granted in part the motion of Defendants Hospira,...more

Knobbe Martens

No Harm, No Stay: Petition for Certiorari Not Enough to Stop Mandate

Knobbe Martens on

AMERICAN AXLE & MANUFACTURING v. NEAPCO HOLDINGS LLC - Before Dyk, Moore, and Taranto. Appeal from the United States District Court for the District of Delaware. American Axle & Manufacturing, Inc. (AAM) sued Neapco...more

Jones Day

A Dissenting Opinion On Weighing The Fintiv Factors

Jones Day on

The PTAB has explained that it has discretion to deny an IPR petition even if the petitioner has shown that it meets the statutory threshold for institution, which requires “that there is a reasonable likelihood that the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2019 PTAB Year in Review: Analysis & Trends: Success of Motions to Stay Rising, But Why?

Defendants sued for patent infringement in district court commonly seek litigation stays based on an American Invents Act (AIA)-contested proceeding that assesses the validity of the patents-in-suit before the Patent Trial...more

Akin Gump Strauss Hauer & Feld LLP

Cancellation of Patent Claims through Reexamination Insufficient to Mount Collateral Attack on Multimillion-Dollar Jury Verdict

Judge Gilstrap in the Eastern District of Texas has denied defendants’ motion to stay the post-trial phase of a patent infringement litigation pending ex parte reexamination where the request for reexamination was filed four...more

Akin Gump Strauss Hauer & Feld LLP

Eastern District of Texas Rejects Apple’s Request for a Stay Under the Customer-Suit Exception to the First-to-File Rule Based in...

Chief Judge Rodney Gilstrap of the Eastern District of Texas issued a decision addressing motions to stay a patent infringement case under the “customer-suit exception” to the general first-to-file rule. Judge Gilstrap...more

McDonnell Boehnen Hulbert & Berghoff LLP

Becon Medical, Ltd. v. Bartlett (E.D. Pa. 2019)

Last month, in Becon Medical, Ltd. v. Bartlett, Senior District Judge Jan E. Dubois of the U.S. District Court for the Eastern District of Pennsylvania denied a motion to stay filed by Defendants Scott P. Bartlett, M.D. and...more

Fox Rothschild LLP

Judge Connolly Grants Defendant’s Motion To Stay Patent Infringement Action In District Of Delaware Pending Resolution Of Parallel...

Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Colm F. Connolly in F’Real Foods, LLC v. Welbilt, Inc., Civil Action No. 19-1028-CFC (D.Del., October 31, 2019), the Court granted Defendant’s motion to stay the patent...more

Fox Rothschild LLP

Judge Connolly Grants Defendants’ Motion To Stay Patent Infringement Action In District Court Until Final Resolution Of ITC...

Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Colm F. Connolly in Advanced Micro Devices, Inc. et al. v. MediaTek Inc. et al., Civil Action No. 19-70-CFC (D.Del. August 29, 2019), the Court granted Defendants’ motion to stay...more

Jones Day

Court Blocks Stay Request Absent Agreement to Estoppel for Third-Party IPRs

Jones Day on

The United States District Court for the Central District of California recently denied Defendant Adobe Systems Inc.’s motion to stay litigation pending resolution of parallel inter partes review (“IPR”) proceedings before...more

Jones Day

ITC Denies Motion to Stay After Weighing Semiconductor Chips Factors

Jones Day on

In a recent order, the ITC denied a motion to stay after ALJ Bullock found that the balance of the Semiconductor Chips factors weighed against granting the motion. See In re Certain Memory Modules And Components Thereof, Inv....more

Fox Rothschild LLP

Judge Noreika Stays Patent Infringement Action Pending Resolution Of Plaintiff’s Appeal Of The PTAB’s Final Written Decision In...

Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Maryellen Noreika in Agrofresh Inc. v. Essentiv LLC et al., Civil Action No. 16-662-MN (D.Del. May 31, 2019), the Court granted the motion to stay of defendants pending resolution...more

McDermott Will & Emery

Forum Selection Clause Prohibits Filing IPR and PGR Petitions

McDermott Will & Emery on

In a non-precedential opinion, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of preliminary injunction requiring a licensee to withdraw its inter partes review (IPR) and post grant review...more

Akin Gump Strauss Hauer & Feld LLP

District Court Denies Grant of Partial Stay Pending IPR Due to Defendants’ Delay

In 3G Licensing, S.A. et al v. HTC Corporation, the Honorable Christopher J. Burke of the District of Delaware denied Defendants’ motion for partial stay pending resolution of inter partes review (IPR) because of the lack of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - September 2018: Best Strategies for ITC Respondents When Considering a PTAB Action

When faced with allegations of patent infringement at the International Trade Commission (ITC), a respondent must quickly evaluate whether or not to request an AIA review (hereinafter, inter partes review for convenience) at...more

Jones Day

District Court Grants Stay Post-Trial In View Of SAS

Jones Day on

The effects of SAS Institute Inc. v. Iancu, 138 S.Ct. 1348 (2018), continue to reverberate throughout the PTAB and federal district courts. In Prisusa Engineering Corp. v. Samsung Electronics Co., Ltd. et al., No....more

Patterson Belknap Webb & Tyler LLP

Judge Oetken Lifts Stay on 1 of 5 IPR’ed Patents

On April 5, 2018, Judge Oetken (S.D.N.Y.) granted Plaintiff Rovi Guides Inc.’s (“Rovi”) motion to lift a stay related to U.S. Patent No. 8,122,034 (“the ’034 patent”), only one of five patents at issue in a case that was...more

Fish & Richardson

Massachusetts Patent Litigation Wrap Up – December 2017

Fish & Richardson on

This post is part of a monthly series summarizing notable activity in patent litigation in the District of Massachusetts, including short summaries of substantive orders. StrikeForce Techs., Inc. v. Vasco Data Security,...more

Patterson Belknap Webb & Tyler LLP

4 Out of 5 IPRs Ain’t Bad: Judge Oetken Grants Motion to Stay Pending Resolution of IPR Proceedings Despite Advanced Stage of...

On October 27, 2016, District Judge J. Paul Oetken (S.D.N.Y.) granted defendant Comcast Corp.'s ("Comcast") motion to stay the case pending resolution of inter partes review ("IPR") proceedings instituted by the Patent Trial...more

Jones Day

Federal Circuit Stay Order Demonstrates Value of Redesign as Defense in ITC Actions

Jones Day on

The Federal Circuit has determined to partially stay an ITC exclusion order as it pertains to products redesigned after the remedial orders issued. We have previously posted about Certain Network Devices, Related Software and...more

43 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide