Motion to Stay Pending IPR Review
Judge Yeakel granted the motion, finding that all three factors weighed in favor of a stay.
Stays
Discovery Stay Pending Venue Ruling / Expedited Venue Discovery / Surreply Please?
Defendant asked for a stay of merits discovery, and the plaintiff asked for expedited venue discovery. The court granted both, noting the likelihood of transfer and the minimal harm of delaying discovery. But the venue discovery was limited to targeted interrogatories and limited request for documents. The court also denied the request for a surreply on the motion to dismiss under the facts of the case.
The “Universal Practice” In The EDTX On Pre-Institution Stays
The orders denying pre—institution motions to stay are getting shorter.
Sua Sponte Stay Postverdict Pending PTAB Proceedings
Judge Gilstrap sua sponte stayed this case – now in the postverdict briefing stage – until the ultimate resolution of each of the re-examination proceedings, noting that all claims at issue in the case are covered by multiple grounds of review in the Patent Office, with some already finally rejected, and resolution expected as early as the spring of 2023. “This is a case specific determination by the Court,” Judge Gilstrap wrote, “and is limited to these particular facts and circumstances.”
Motion To Stay Pending Re-Examination Denied
The court denied the motion, finding it premature when the proceeding has just begun and no office action has yet been issued.
Motion For Stay Pending IPR Denied
Judge Payne denied the request for a stay due to petitions filed two months ago. “It is far too early to determine that a stay will—rather than may—simplify the issues in the case” he wrote. (Emphasis in original).
Motion For Summary Judgment Granted In Part
This complex order addressed motions for complete and partial summary judgment, as well as a motion to partially stay the case and to strike portions of an expert’s opening report. The case was stayed as to all the asserted claims of two of the patents, the motion to strike portions of the expert report was granted, and the motions for summary judgment were granted in part and denied in part.
Motion To Stay Pending Arbitration
Judge Payne recommended that the defendant’s motion to stay the case pending arbitration be granted.
Motion To Stay Granted Under Customer Suit Exception
The court granted the defendant’s motion to sever and stay the proceedings against the customer defendant, noting that the parties had previously stipulated to severance of the actions into three separate cases against the supplier defendant.
Motion For Stay Granted
Judge Gilstrap granted the defendant’s motion for stay pending IPR review. Important to the court’s decision was that review had been granted on all asserted claims of the patent, and on multiple grounds, making the likelihood of simplification of issues material.