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Patents Motion To Stay

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: December 2023

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This post reviews developments from the Northern, Southern, Eastern, and Western Districts of Texas in December 2023. ...more

Akin Gump Strauss Hauer & Feld LLP

Defendant’s Non-Party Status to IPRs Dooms Stay Request, Despite Agreement to Be Bound by IPR Estoppel

The Western District of Texas recently denied a defendant’s motion to stay pending inter partes review based in part on the defendant’s status as a non-party in the IPR proceedings. In doing so, the district court focused on...more

Venable LLP

[Ongoing Program] Life Sciences Series - IPRs, PGRs, and the BPCIA - October 17th, 1:00 pm - 2:00 pm ET

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We are excited to announce Venable’s inaugural Life Sciences Webinar Series. This month-long series will explore the intricacies and latest developments that shape the life sciences industry. Join us as we hear from our...more

Jones Day

Court Opts Not To Stay Without Trial Instituted On All Asserted Patents

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Congress implemented the Leahy-Smith America Invents Act (“AIA”) to “establish a more efficient and streamlined patent system that [would] improve patent quality and limit unnecessary and counterproductive litigation costs.” ...more

Patterson Belknap Webb & Tyler LLP

We Will Just Have to Wait – Judge Liman Grants Motion to Stay Pending Resolution of Parallel Motion to Dismiss

On October 4, 2022, District Judge Lewis J. Liman (S.D.N.Y.) granted a motion to stay pending the resolution of a motion to dismiss in a parallel proceeding. In April 2022, Plaintiff Diatek Licensing LLC (“Diatek”) asserted...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up - July 2022

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​​​​​​​This post reviews three July 2022 opinions from the Western and Eastern Districts of Texas resolving motions to stay. The first case involves the denial of a stay pending reexamination proceedings issued by the...more

Patterson Belknap Webb & Tyler LLP

Magistrate Judge Wicks Stays Litigation Before IPR Institution in Skin-Tightening Dispute

On April 6, 2022, U.S. Magistrate Judge James M. Wicks (E.D.N.Y.) granted Defendant Cartessa Aesthetics, LLC’s (“Cartessa”) motion to stay the litigation pending the resolution of IPRs filed against each of the five asserted...more

Smart & Biggar

Federal Court stays re-examination of glatiramer acetate patent pending appeal in PMNOC proceeding

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On April 26, 2021, the Federal Court granted Teva’s motion for a stay of the re-examination proceeding commenced by Pharmascience in respect of Canadian Patent No. 2,760,802 (802 patent) relating to glatiramer acetate (Teva’s...more

Patterson Belknap Webb & Tyler LLP

Judge Ramos Finds Forum Selection Clause of NDA Implicates Confidentiality and Not IP Rights and Allows IPRs to Proceed

On January 19, 2021, United States District Judge Edgardo Ramos (S.D.N.Y.) denied Kannuu Pty Ltd. (“Kannuu”)’s motion for preliminary injunction and instead granted Samsung Electronics Co., Ltd. (“Samsung”)’s motion to stay...more

McDermott Will & Emery

No Stay, But Please Fix

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The US Court of Appeals for the Federal Circuit denied a motion to stay issuance of a mandate while a petition for certiorari regarding patentability under § 101 was pending before the Supreme Court of the United States,...more

Haug Partners LLP

Will the Newest American Axle Case Create a Panel-Dependent Body of Law or Provoke the Supreme Court to Take Action? How the...

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On October 23, 2020, in a remarkable order demonstrating how a “bitterly divided” Federal Circuit views post-Alice patent eligibility jurisprudence, the court denied the motion of American Axle & Manufacturing, Inc. (“AAM”)...more

Knobbe Martens

No Harm, No Stay: Petition for Certiorari Not Enough to Stop Mandate

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AMERICAN AXLE & MANUFACTURING v. NEAPCO HOLDINGS LLC - Before Dyk, Moore, and Taranto. Appeal from the United States District Court for the District of Delaware. American Axle & Manufacturing, Inc. (AAM) sued Neapco...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (October 19-23): Still More Axes to Grind in American Axle

Last week we discussed the first Federal Circuit case added to the Supreme Court’s docket this Term, and we wondered when we’d have the opportunity to discuss whatever cases might be next in the pipeline.  Lucky for us, that...more

Jones Day

Timing Of Arthrex Remands Remains Fuzzy

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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

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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

Fish & Richardson

EDTX Monthly Wrap-Up – March 2020

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This post analyzes three March 2020 opinions from the Eastern District of Texas deciding motions to stay pending: (1) an IPR filed by a third party; (2) a declaratory judgment action pursuant to the customer-suit exception;...more

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

2019 PTAB Year in Review: Analysis & Trends: Success of Motions to Stay Rising, But Why?

Defendants sued for patent infringement in district court commonly seek litigation stays based on an American Invents Act (AIA)-contested proceeding that assesses the validity of the patents-in-suit before the Patent Trial...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

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

2019 PTAB Year in Review: Analysis & Trends

Powerful. Resilient. Ever-evolving. These characteristics of the Patent Trial and Appeal Board (PTAB) were on full display in 2019. This past year the PTAB received more than 1,300 inter partes review (IPR), post grant review...more

Akin Gump Strauss Hauer & Feld LLP

Eastern District of Texas Rejects Apple’s Request for a Stay Under the Customer-Suit Exception to the First-to-File Rule Based in...

Chief Judge Rodney Gilstrap of the Eastern District of Texas issued a decision addressing motions to stay a patent infringement case under the “customer-suit exception” to the general first-to-file rule. Judge Gilstrap...more

McDonnell Boehnen Hulbert & Berghoff LLP

Becon Medical, Ltd. v. Bartlett (E.D. Pa. 2019)

Last month, in Becon Medical, Ltd. v. Bartlett, Senior District Judge Jan E. Dubois of the U.S. District Court for the Eastern District of Pennsylvania denied a motion to stay filed by Defendants Scott P. Bartlett, M.D. and...more

Fox Rothschild LLP

Judge Connolly Grants Defendant’s Motion To Stay Patent Infringement Action In District Of Delaware Pending Resolution Of Parallel...

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By Memorandum Order entered by The Honorable Colm F. Connolly in F’Real Foods, LLC v. Welbilt, Inc., Civil Action No. 19-1028-CFC (D.Del., October 31, 2019), the Court granted Defendant’s motion to stay the patent...more

Jones Day

District Court Stays After SAS – Simplified Or Not?

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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

Fox Rothschild LLP

Judge Connolly Grants Defendants’ Motion To Stay Patent Infringement Action In District Court Until Final Resolution Of ITC...

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By Memorandum Order entered by The Honorable Colm F. Connolly in Advanced Micro Devices, Inc. et al. v. MediaTek Inc. et al., Civil Action No. 19-70-CFC (D.Del. August 29, 2019), the Court granted Defendants’ motion to stay...more

Jones Day

Court Blocks Stay Request Absent Agreement to Estoppel for Third-Party IPRs

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The United States District Court for the Central District of California recently denied Defendant Adobe Systems Inc.’s motion to stay litigation pending resolution of parallel inter partes review (“IPR”) proceedings before...more

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