Avoiding Stays Pending Inter Partes Review

We recently analyzed district court trends for granting or denying stays pending PTAB proceedings, such as inter partes reviews (“IPR”) or covered business method petitions (“CBM”). That post, found here, focused on trends and statistics three years after the America Invents Act was instituted.

 

The recent case of Signal IP v. Ford Motor Company (No. 14-cv-13729, ED Michigan) offers a great example of how courts weigh common fact patterns occurring in patent litigation when deciding to grant or deny stay motions. The Signal IP case involves a non-practicing entity (Signal IP), a delay in filing the IPR petition, a cat and mouse game of asserted patent claims, and a court willing to work with the parties to determine a schedule that allows co-pending litigation alongside the PTAB proceedings.

 

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