Survey of US court decisions to stay part 2: where stays were granted

摘要

This is the second article in a series discussing how US district courts have analysed motions seeking a stay pending resolution of an inter partes review ("IPR") proceedings at the US Patent & Trademark Office ("USPTO"). Part 1 reported on a recent case survey of the law regarding requests for a stay. Part 2 reviews cases granting a stay and identifies considerations central to each court's decision. As shown in the recent case survey summary table in Part 1 (see table), US district courts granted stays pending resolution of an IPR in more than 60% of cases surveyed. Notwithstanding grants outpacing denials of stay motions, the decision to stay is highly fact-specific. The survey has helped identify certain factors that, if present in your case, may make getting a stay more likely.