Blog Post

Jul 19, 2016

Maximum Possible Delay Weighs Against Stay Pending IPR

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Defendants often move to stay a litigation pending final review of an Inter Partes Review challenge. Defendants typically argue that a stay would avoid different invalidity rulings from the PTAB and district court. Plaintiffs often counter that a stay would unduly prejudice the plaintiff as delaying the case further. It should be no surprise, then, that a stay was denied when a defendant filed its IPR petitions on literally the last day allowable under statute.

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