Alstom Grid LLC v. Certified Measurement, LLC, C.A. No. 15-72-LPS-CJB, May 16, 2016.

Burke, C. J. Plaintiff’s motion to stay is denied.

Declaratory judgment plaintiff seeks a stay pending resolution of its motion for judgment on the pleadings.  It contends that 23 contested claims from 3 patents-in-suit are not patent-eligible pursuant to section 101.  With respect to simplification, the number of patents makes it more likely that some will survive the Alice motion. However, because the three patents have the same inventors, claim priority to the same application, and have similar specifications this factor weighs slightly in favor of the stay. The status of the litigation slightly disfavors a stay since the parties are well into the claim construction process.  As for undue prejudice, plaintiff opposed an earlier stay pending IPR, but the case has already been stayed once to little beneficial effect.