Stays Of Litigation Pending IPR Are Likely To Increase

Law360, New York ( June 26, 2014, 10:09 AM EDT) -- For a variety of reasons, not least of which is resources, parties do not typically want to fight the same battle in two venues. So when a defendant in patent litigation initiates an inter partes review challenging the validity of the patent,[1] a motion to stay district court litigation often follows. The U.S. Patent and Trademark Office reported during a recent roundtable that 80-90 percent of petitions to the Patent Trial and Appeal Board involve patents in pending federal court litigation.[2] Statistics show, however, that only 60-70 percent of motions to stay pending IPR are granted.[3] However, two recent decisions — one that orders that the parties notify the district court judge as soon as a petition for IPR is filed, and the other that entered a stay before a petition was initiated — indicate that the percentage of motions to stay pending IPR is likely to increase....

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