News & Analysis as of

Motion To Stay United States Patent and Trademark Office

Weintraub Tobin

District Court Stays Litigation for Second Time Pending Patent Review

Weintraub Tobin on

In WAG Acquisition LLC v. Flying Crocodile Inc et al, 2-19-cv-01278 (WDWA Dec. 28, 2021), the Court granted defendants’ motion to stay pending ex parte reexamination even though the case had already previously been stayed...more

Jones Day

Timing Of Arthrex Remands Remains Fuzzy

Jones Day on

The Court of Appeals for the Federal Circuit (CAFC) has denied the United States Patent and Trademark Office’s (USPTO) unopposed motion to stay its mandate issued in Arthrex. The USPTO filed its motion seeking a 90 day stay...more

Dechert LLP

Expect Already-Instituted IPRs & PGRs to Move Forward in a Time of COVID-19-Related Delays

Dechert LLP on

Key Takeaways - On March 31, 2020, PTO Director Andrei Iancu ordered the PTAB to grant any requests for extensions for pre-institution briefing schedules for any COVID-19-related delays. - Significantly, the March 31...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

Jones Day

District Court Stays After SAS – Simplified Or Not?

Jones Day on

After SAS, does institution of an IPR make a district court more or less likely to stay a parallel litigation? Maybe, maybe not. In its April 2018 decision in SAS Institute v. Iancu, the U.S. Supreme Court ruled that the...more

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

PTAB Strategies and Insights - April 2019

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

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

PTAB Strategies and Insights - November 2018: The Growing Influence of Post-Grant Proceedings in Section 337 Investigations

Since the passage of the Leahy-Smith America Invents Act (AIA), post-grant proceedings at the U.S. Patent and Trademark Office (USPTO) are interacting more with Section 337 investigations at the International Trade Commission...more

Jones Day

Statutory Disclaimer Fails to Support Stay

Jones Day on

District courts have discretionary authority to grant a motion to stay. Courts consider three factors in deciding how to exercise that discretion, the first being whether a stay will simplify the issues for trial. In...more

Proskauer - New England IP Blog

Even in Light of Reexam, Court Declines to Stay Brite-Strike Patent Litigation

For defendants in patent infringement cases, the strategy of filing for reexamination of the patent-in-suit with the U.S. Patent Office is a common tactic to short-circuit costly litigation—as defendants typically request a...more

Dickinson Wright

Beacon Navigation GmbH v. Ford Motor Company

Dickinson Wright on

Case Name: Beacon Navigation GmbH v. Ford Motor Company - Docket Number: 2:13-cv-11382-PJD-MAR - Date Filed: 3/28/2013 - Judge: Hon. Victoria A. Roberts - Status: Stayed; reassigned 01/07/2016 - On...more

Morris James LLP

Motion To Stay Pending Reexam Is Denied

Morris James LLP on

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

Locke Lord LLP

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

Locke Lord LLP on

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

McDermott Will & Emery

ANDA Update - October 2015

McDermott Will & Emery on

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

Orrick, Herrington & Sutcliffe LLP

Congress Continues to Promote Patent Reform Efforts

In recent years, Congress has devoted a great deal of attention to patent reform. Those efforts led in 2011 to passage of the Leahy-Smith America Invents Act (AIA), which was the most extensive revision of the patent laws in...more

Proskauer - New England IP Blog

Joint Defendants Succeed on Motion to Stay Pending Reexam

For defendants in patent infringement cases, moving to stay the case pending the outcome of a concurrent U.S. Patent Office reexamination proceeding is a fairly common building block that has the potential to streamline or...more

Goodwin

Federal Circuit Provides Additional Guidance on Litigation Stays Pending USPTO Post-Grant Proceedings

Goodwin on

The Federal Circuit reversed yet another denial of a motion to stay pending a USPTO post-grant trial, this time involving a case pending in the District of Delaware. In its decision,Versata Software, Inc. v. Callidus...more

Knobbe Martens

Federal Circuit Review (August 2014)

Knobbe Martens on

Post Grant Review of Patent Favors Stay of Litigation - In VIRTUALAGILITY INC. v. SALESFORCE.COM, INC., Appeal No. 14-1232, the Federal Circuit reversed the district court's denial of a motion to stay pending a post...more

Robins Kaplan LLP

Request for Stay Pending Before Institution of Inter Partes Review Denied

Robins Kaplan LLP on

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

Goodwin

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

Goodwin on

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

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