From stay to verdict

This time the verdict is from Tyler, where a jury passed on a claim that had been stayed previously while proceedings played themselves out at the PTAB. The jury found the single asserted claim infringed, that the claim wasn’t shown by clear and convincing evidence to be invalid, and assessed damages of $1.5 million. I have attached the verdict form and some other tidbits I thought might be of interest on the stay issue.

Motion to Stay Trial Denied

Motions for a stay of district court proceedings can have a variety of bases – PTAB proceedings, other pending litigation, pending motions, dog ate your homework, etc. This case presented a new one – whether a case should be stayed while an arbitrator decided whether certain severed claims are subject to arbitration.

Renewed Motion to Stay

Okay, the analogy is imperfect, but if “renewed” isn’t legalese for “please” I don’t know what is. But what was actually at stake was a little less dramatic than Toby’s case. The defendant in this case was simply renewing its motion to stay the case pending IPR proceedings after the proceedings were instituted by the PTAB. But the facts were a little outside the norm.

Patent Case Stayed Pending Mandamus Decision – But Not Pending IPRs

Earlier today Judge Gilstrap granted a motion staying a consolidated patent case pending the resolution by the Federal Circuit of a mandamus petition that has been filed in another case.  The Court declined to stay the case pending resolution of two IPR proceedings. The ruling is worth studying because of what the motion sought, as discussed below.

Hatch-Waxman Cases, MDL Panels & Stays

While you’re enjoying Parker’s perfect snow angel from Tuesday, I wanted to note that the segment of patent litigation that was affected the most significantly by TC Heartland was pharmaceutical cases, and as I discussed in my paper presented in November, one of the potential solutions to the additional venue obstacles is multidistrict litigation (MDL) proceedings.

One recent EDTX case indicates that that perennial bridesmaid in search of a wedding may actually be approaching at least one altar.