Stays Pending Reexam & Discovery Conduct
The court stayed this Tyler patent case pending the outcome of IPR and ex parte reexams, but the fact pattern and the stay analysis is worth reviewing.
Stays
Motion to Stay Granted
In this procedurally complex case, the defendant asked for a stay pending two related cases, and got it as to one.
Motions to stay pending IPR
While this is a well-trodden area of the law, it’s always good to keep an eye on the standards to see if anyone’s changed their practices.
Motion for Stay Pending IPR Filed Right Before Markman Hearing
Dish’s Motion to Stay, filed shortly before the Markman hearing, asked the Court to stay the proceedings in this litigation for six months on the basis that it was going to be filing an Inter Partes Review (“IPR”). I know that you know what the outcome is going to be, but let’s look at the opinion anyway.
Claims Against Customer Defendants Severed and Stayed
This is a motion to sever and stay the plaintiffs’ claims against customer defendants. The Court’s ruling is of interest because while the motion was granted, the basis was very specific, and not based on the customer suit exception.
Customer Suit Exception
This may be one of the shorter orders granting a motion to stay under the customer suit exception – but that tends to happen when they’re unopposed. Still, the order is worth a quick read because it tells you something about the case and the docket.
Order on Motion to Stay Pending IPR
The ground rules for when stays are available when an IPR has been filed are fairly well established locally, but occasionally a new fact crops up and requires analysis, or a court provides an updated analysis of the issue. Such was the case here.
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.