454 Life Sciences Corporation v. Ion Torrent Systems, Inc. et al., C.A. No. 15-595-LPS, November 7, 2016.

Stark, C. J. Defendants’ motion to stay pending IPR is granted.

The disputed technology is “emulsion PCR.” On July 6, 2016 the PTO decided to institute IPR proceedings as to every claim at issue in this litigation. The Final Written Decisions are due by July 6, 2017. The court reasons that the IPR proceedings will simplify issues for trial, although they will not resolve certain defenses based on sections 101, 112, and non-infringement. The case is in its early stages despite the entry of a scheduling order and protective order.  Trial is sixteen months away. The IPR proceedings are relatively mature. The court finds that any competitive harm does not appear overwhelmingly significant despite some competitive relationship between the parties.