Stays of Litigation and ITC Investigations Pending IPRs

Authored by John R. Kenny and Scott Forman

District courts have ruled on a number of motions to stay litigation pending inter partes review (“IPR”), granting at least five unopposed, joint motions or stipulated orders; granting at least eleven opposed motions; denying at least twelve opposed motions; and partially granting at least five opposed motions (i.e., staying the case only until the PTAB decides whether to institute the IPR). In deciding these stay motions, district courts have used the three factor test previously set forth for stays pending reexamination proceedings:

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