Motion to Stay Pending IPR: Lessons Learned Three Years In

This month marks the three year anniversary of when Inter Partes Review (“IPR”) proceedings first became available in September 2012. Since that time, over 3,200 litigants have petitioned the PTAB for institution of IPR proceedings, typically as an alternative to litigating the same patent invalidity defenses in district court.¹

 

Not long after the emergence of IPRs, patent defendants began filing motions to stay district court proceedings pending the outcome of the IPR (“Stay Motions”).  All Stay Motions are premised on the same general argument: courts and parties should avoid expending resources litigating patent claims that may be found invalid.  And, while this basic premise seems logical, Stay Motions are often met with mixed results.  In fact, a survey of the 88 contested Stay Motion opinions issued so far in 2015 reveals a break-down of only 38 granted (43%) and 42 denied (48%).²

 

To read more about this blog, click here.