News & Analysis as of

Patents Order to Stay

Dechert LLP

Inability to Agree on Safe Procedures for Source Code Review During Pandemic Leads to Stay of Litigation

Dechert LLP on

Discovery disputes do not normally lead to a stay of litigation. But, in one recent patent infringement case, the parties’ inability to agree on a safe procedure for allowing the plaintiff’s expert to review the defendant’s...more

Jones Day

PTAB Allows Patent Owner to Stay its Own Reissue Proceeding

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35 U.S.C. § 315(d) and 37 C.F.R. 42.122(a) vest the PTAB with the power to stay, transfer, consolidate, or terminate any matter pending before the U.S. Patent and Trademark Office while an inter partes review involving the...more

Dickinson Wright

Beacon Navigation GmbH v. General Motors, LLC

Dickinson Wright on

On March 28, 2013, Beacon Navigation GmbH (“Plaintiff”) brought suit against General Motors, LLC (“Defendant”) alleging that the Defendant infringed United States Patent Nos. 6,360,167 and 5,878,368 (collectively, “the...more

Jones Day

Battle-Of-The-Stays - Chalk Up Another Victory to the Petitioners

Jones Day on

The multiple flavors of review and prosecution at the Patent Office produce an environment where a patent family could be subject to inconsistent results. Conceivably, patents in a pre-AIA patent family could simultaneously...more

McDermott Will & Emery

Unenforceability Due to Client Failure to Correct Counsel’s Misrepresentations to PTO - The Ohio Willow Wood Company v. Alps...

In the ongoing saga between two manufacturers of liners for prosthetic limbs, the US Court of Appeals for the Federal Circuit confirmed a finding of inequitable conduct committed by the patent owner while the patent at issue...more

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

Kaneka v. Xiamen Kingdomway Group: Implicit Order Read into Method Steps of Industrial Biotechnology Patent

The Federal Circuit’s recent decision in Kaneka Corp. v. Xiamen Kingdomway Group Co. (Fed. Cir. 2015) serves as a reminder that courts may implicitly read an order into a patent’s method claim steps, even if the applicant did...more

Morris James LLP

Court Declines To Lift Stay Pending IPR

Morris James LLP on

Princeton Digital Image Corporation v. Konami Digital Entertainment Inc., et al., C.A. No. 12-1461-LPS-CJB; Princeton Digital Image Corporation v. Ubisoft Entertainment SA, C.A. No. 13-335-LPS-CJB, January 14, 2015....more

Robins Kaplan LLP

Judge Román stays case because of IPRs based on parties’ joint request.

Robins Kaplan LLP on

CDx Diagnostics, Inc. et al. v. U.S. Endoscopy Group, Inc. et al. Case Number: 7:13-cv-05669-NSR - Judge Román stayed the litigation after the PTAB instituted IPR Case Nos. IPR2014-00639 and IPR2014-00641 for...more

Foley & Lardner LLP

Federal Circuit Applies "Searching Review" of Stay Pending CBM Proceeding

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In Benefit Funding Systems, LLC v. Advance America Cash Advance Centers, Inc., the Federal Circuit upheld the district court’s decision to stay patent infringement litigation while the USPTO Patent Trial and Appeal Board...more

McDermott Will & Emery

Federal Circuit Orders Stay Pending Completion of CBM Review

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Applying section 18(a)(1) of the America Invents Act (AIA) to an issue of first impression, a divided panel of the U.S. Court of Appeals for the Federal Circuit reversed a district court, ordering a stay of the district court...more

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