LexisNexis® Legal Newsroom
Case Stayed 5 years in Favor of Inter Partes Patent Reexamination to Restart?

Back on September 25, 2005, Judge Farnan of the United States District Court for the District of Delaware stayed the litigation between Hasbasit Belting, Inc. v. Rexnord Industries, Inc. ( Civil Action 03-185 ) relating to U.S. Patent 6,523,680 . The stay was entered in favor of inter partes reexamination...

Rubbing the Court the Wrong Way in Seeking a Stay Pending Patent Reexamination

On August 20, 2010, a motion to stay the litigation between 3M Innovative Properties Co., et al. and Envisionware, Inc. (0-09-cv-01594) (NDM) pending the outcome of a parallel patent reexamination was denied. At issue in the litigation are three of 3M's patents relating to RFID technology, namely...

Stays Pending Patent Reexamination: Sweetening the Deal

Creative Motions Undermine Delay Prejudice Earlier this week, we explored an often overlooked rule that could be used by creative defendants to accelerate inter partes patent reexamination . The rule, 37 CFR 1.953(b), allows parties to an inter partes patent reexamination to essentially skip...

Patents Post-Grant: What Happens After A Case is Stayed Pending Patent Reexamination?

42% of 2007 Cases Remain Stayed Patent reexamination parallel to a district court/ITC litigation is often initiated in an attempt to stay the more cost prohibitive court proceeding. Court's will stay the ongoing litigation pending the patent reexamination outcome in the interests of judicial...

Patents Post-Grant: Court Confused by Patent Reexamination Results

Stay of California Litigation Extended to Await USPTO Clarification Typically, once a case is stayed pending patent reexamination, periodic status updates are provided to the judge. Depending upon the progress of the patent reexamination proceedings, the judge may consider lifting the stay to...

Patents Post-Grant: Judge-by-Judge Statistics on Stays Pending Patent Reexamination

Success in Halting Infringement Case Varies Across Courts/Judges Courts have the inherent power to manage their dockets, including the authority to stay patent infringement litigation pending the conclusion of a Patent Office reexamination. For this reason, patent reexamination parallel to a...

Patents Post-Grant: The Historical Skew of Inter Partes Patent Reexamination Pendency Statistics

Is Appeal Pendency Really Reflected in USPTO Pendency Figures? In considering whether or not to stay a parallel litigation in view of a pending patent reexamination the court will consider several factors . One of the more hotly contested factors is whether the stay will unduly prejudice, or present...

Patents Post-Grant: Google Takes on Lodsys Patents at USPTO

Inter Partes Patent Reexamination Filings Pose Challenge to Lodsys Late Friday, Google announced that it had filed inter partes patent reexamination requests against two of the now infamous Lodsys patents, 7,222,078 , and 7,620,565 . Over the past few months, Lodsys has been contacting iOS...

Patents Post-Grant: 500 New Claims in Patent Reexamination Backfire on Plaintiff

Parallel Litigation Stayed in View of "Tremendous" Reexamination Claim Count When faced with the assertion of a patent of dubious validity, prospective defendants increasingly resort to patent patent reexamination. Patent reexamination can be a cost effective mechanism to dissolve...

Patents Post-Grant: AIA Change to Reexamination Standard Aids Motion to Stay

Court Cites Change in Inter Partes Reexamination Standard as Justifying Stay When faced with the assertion of a patent of questionable validity prospective defendants increasingly resort to patent reexamination. Once a suit is filed, the opportunity to obtain a stay of an ongoing district court infringement...