Court Opts Not To Stay Without Trial Instituted On All Asserted Patents, PTAB Litigation Blog
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Congress implemented the Leahy-Smith America Invents Act (“AIA”) to “establish a more efficient and streamlined patent system that [would] improve patent quality and limit unnecessary and counterproductive litigation costs.” 77 F. Reg. 48680-01 (Aug. 14, 2012). Through the AIA, Congress established inter partes reviews (“IPR”) “to create a timely, cost-effective alternative to litigation.” Id. In some instances, district courts stay civil patent litigation cases where the patents-in-suit are subject to pending IPR before the Patent Trial and Appeal Board (“PTAB”). But the decision to stay is ultimately left to the district court’s discretion with the court’s inherent power to control its own docket.
* Jessica Vedrani, summer associate in Jones Day’s Boston Office assisted in the preparation of this blog.
