Stays

News & Analysis as of

E.D. Texas court grants stay of litigation pending an IPR based, in part, on patent owner's failure to timely respond to the stay...

In Norman IP Holdings v. TP-Link Technologies, Co., et al., the Defendants moved to stay the litigation pending completion of an inter partes review involving the patents-in-suit. The plaintiff did not respond to the motion....more

Forum-Selection vs. Arbitration Issue Teeing Up for Supremes

The Second Circuit stayed its mandate last week to allow public-pension litigants to file cert petitions seeking review of its August holding that a subsequent account-agreement forum-selection clause requiring federal-court...more

Litigation Stays Pending IPR: 66% Success Rate

LegalMetric has released a report of 212 decisions on litigation stays pending Inter Partes review. The report indicates that stays are granted 65.6% of the time and the time to decision averages 2.1 months. For more...more

Second Circuit Denies Request to Stay NYISO’s New Capacity Zone

On June 4, 2014, the United States Court of Appeals for the 2nd Circuit (2nd Circuit) denied emergency stays of two Federal Energy Regulatory Commission (FERC) orders implementing a new capacity zone (NCZ) in New York (“NCZ...more

Fannie Mae Announces Servicemember Policy Changes, Other Servicing Policy Updates

On May 21, Fannie Mae issued Servicing Guide Announcement SVC-2014-08, which announced that the extended stay of foreclosure and other legal proceedings that is set to expire at the end of this year will continue indefinitely...more

A Court May Not, under the Guise of Adjudicating a Breach of Contract Dispute, Stay an Arbitration Which Is in Process Based upon...

Savers Property and Casualty Insurance Company v. National Union Fire Insurance Company, __ F.3d __, 2014 WL 1378134 (6th Cir. April 9, 2014) - Case at a Glance - A district court enjoined an ongoing...more

Three Reasons PTAB Litigation Costs More Than We Thought

The America Invents Act (AIA) has been in effect from more than a year and half. Now, many have begun to ask if the patent office trials the AIA created are living up to their promise of lowering patent litigation costs and...more

SEC Issues Partial Stay of Conflict Minerals Rule

On Friday, the SEC issued an official order staying the effective date for compliance with the portions of the conflict mineral rules that would require issuers to make statements that the United States Court of Appeals for...more

Infinite Data v. Amazon: Lawsuit Against Customer Defendants Stayed if Customers Agree to be Bound by Findings of Invalidity in...

Infinite Data filed twenty-one patent infringement actions against a number of companies, including Amazon.com. Mellanox Technologies sued Infinite Data for a declaratory judgment that its technology does not infringe...more

Extensive Prior Examination of Patent-In-Suit Justifies Denial of Stay Pending CBM Review before Patent Office

VirtualAgility, Inc. ("VirtualAgility) filed a patent infringement action against Salesforce.com, Inc. ("Salesforce") over a patent purporting to cover processes and tools that provide a common framework for communicating...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

What Happens in England, Stays In England?

In the decision In the matter of “The Alexandros T”, the UK Supreme Court restricted the application of Articles 27 and 28 of Council Regulation (EC) No 44/2001 in a long-running insurance dispute involving multiple...more

The Latest In Patent Reform: The Innovation Act (H.R. 3309)

Over the past year, various lawmakers have floated a flurry of patent reform proposals aimed at curbing patent litigation abuse by so-called “patent trolls,” or non-practicing patent enforcement entities. President Obama...more

Stay Pending Inter Partes Review Granted Even Where Defendant Seeking Stay Had Not Initiated the Review

Plaintiff e-Watch, Inc. filed a patent infringement action against several defendants, including Defendant FLIR Systems, Inc. ("FLIR"). FLIR filed a motion to stay pending an inter partes review of the patent-in-suit by the...more

Patent Office Litigation Update: Stays [Video]

In this video, Robert Greene Sterne, a founding director at the intellectual property law firm Sterne, Kessler, Goldstein & Fox P.L.L.C., discusses the important issue of litigation stays in both the District Courts and the...more

Ontario Divisional Court Confirms That Former Directors and Officers Must Remediate While Order Is Under Appeal

On June 19, 2013, in Baker v. Ministry of the Environment, 2013 ONSC 4142 [Baker], the Ontario Divisional Court upheld the decision of the Ontario Environmental Review Tribunal (ERT) that refused to stay a Director’s order...more

Patton Boggs Reinsurance Newsletter - June 2013: New Jersey Federal Court Stays Litigation in Favor of Arbitration of Offset...

New Jersey Physicians United Reciprocal Exchange v. ACE Underwriting Agencies, Ltd., No. 12-04397 (FLW/LHG), 2013 U.S. Dist. LEXIS 52035 (D.N.J. Apr. 11, 2013). A New Jersey federal court stayed litigation brought by a...more

Patent Office Litigation Update: Stays at the U.S. District Court [Video]

In this video, Donald R. Banowit, director with the intellectual property law firm Sterne, Kessler, Goldstein & Fox P.L.L.C., discusses the interface between district court patent litigation and contested patentability...more

Patton Boggs Reinsurance Newsletter- March 2013: Minnesota Federal Court Stays Litigation Pending Arbitration

A Minnesota federal court granted motions by the successor to a group of off-shore producer-owned reinsurance companies and their owners to stay an action brought by a cedent pending arbitration of the cedent's claims against...more

Federal Court in Delaware Issues First Stay Pending Covered Business Method Review under Section 18(b)(1) of the America Invents...

On February 5, 2013, Judge Gregory M. Sleet of the U.S. District Court for the District of Delaware issued an order staying litigation pending review by the Patent Trial and Appeal Board under the Transitional Program for...more

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