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Stay or Go! Tracking District Court Stays Pending Parallel USPTO Post-Grant Review Proceedings

by David B. Cochran
Jones Day - Cleveland Office

John A. Marlott
Jones Day - Chicago Office

Scott B. Poteet
Jones Day - Dallas Office

Peter G. Thurlow
Jones Day - New York Office

July 16, 2014

Recent data from the U.S. Patent and Trademark Office's ("USPTO") Patent Trial and Appeal Board ("PTAB") indicates that 80 percent of inter partes review ("IPR") and 90 percent of covered business method ("CBM") review proceedings are directed to patents involved in parallel litigation in U.S. district courts. With these parallel proceedings, it is common for a petitioner to file a motion to stay the district court litigation until the IPR or CBM review proceedings have been completed. This Commentary discusses IPRs, CBM reviews, the factors district courts consider in granting or denying motions to stay, and other relevant considerations important to both the patent owner and petitioner.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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