New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Category Archives: Stays

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Planned Motion to Dismiss Insufficient to Extend Rule 26(f) Deadlines

An electric outlet glowing from within and a three prong electric plug and cord.In an ongoing patent infringement case involving patents for floor-mounted electrical outlet housings, a federal court in Connecticut recently denied a Joint Motion for a Discovery Dispute Conference, signaling the court’s hesitation to delay the initiation of discovery pursuant to Rule 26(f) merely because a defendant represents that it intends to move to dismiss a … Continue Reading

Even in Light of Reexam, Court Declines to Stay Brite-Strike Patent Litigation

flashlight-4For defendants in patent infringement cases, the strategy of filing for reexamination of the patent-in-suit with the U.S. Patent Office is a common tactic to short-circuit costly litigation—as defendants typically request a stay of the litigation while the reexam proceeds. Such stays, however, are not automatic but instead left up to the court’s discretion. In … Continue Reading

No Stay Pending IPR in Brewing Patent Dispute

coffee-1District court patent defendants often request a parallel inter partes review (“IPR”) proceeding at the U.S. Patent Office to challenge the validity of the patent at issue. As such IPR proceedings have the potential to kill the patent, district courts have more often than not stayed their proceedings while they wait on the outcome of the … Continue Reading

Lights Out for Invalidity and Unenforceability Counterclaims After PTAB Invalidates Design Patent

Flipping the switch on the last remaining claims in the case, a Massachusetts Court recently dismissed as moot two defendants’ counterclaims for declaratory judgment of invalidity and unenforceability following a PTAB decision invalidating the asserted patent. In 2013, Maureen Reddy sued defendants Lowe’s and Evolution Lighting for infringement of U.S. Design Patent No. D677,423, alleging … Continue Reading

Tangle Between Hair Care Companies Stayed Pending IPR

Days after the PTAB instituted Inter Partes Review (IPR), Judge Alvin Thompson in the District of Connecticut has stayed a case between Conair and Tre Milano. Conair sued Tre Milano in October 2014, for infringing U.S. Patent No. 8,651,118, which relates to a hair styling device. On February 2, 2015, Tre Milano filed a petition … Continue Reading

Joint Defendants Succeed on Motion to Stay Pending Reexam

For defendants in patent infringement cases, moving to stay the case pending the outcome of a concurrent U.S. Patent Office reexamination proceeding is a fairly common building block that has the potential to streamline or even eliminate a costly and lengthy litigation. And, as one litigant that makes construction-grade joint systems recently found out, under the … Continue Reading

No Need to Wait to Stay: Epicor Obtains Litigation Stay After Requesting Covered Business Method Review

There is no need to wait for the Patent Office to institute a review.  According to a recent order from Magistrate Judge Margolis in the District of Connecticut, the district court may stay a patent litigation as long as the defendant has filed a petition at the Patent Office requesting a patent validity review under the … Continue Reading

Hurry Up if You Want to Wait

In a recent decision on a motion to stay litigation pending a Covered Business Method review filed by defendant Carecloud Corporation, District Judge Indira Talwani gave defendants good reason not to delay any petitions for patent office review. Established by the America Invents Act, Covered Business Method reviews may be filed by parties who have been … Continue Reading

Another Patentee’s Infringement Case Zapped Pending Inter Partes Review

Newly minted District Judge Leo T. Sorokin wasted no time halting Zond, LLC’s patent infringement suit against Advanced Micro Devices, Inc. and GlobalFoundries U.S., Inc., as well as various related foreign entities, in Massachusetts federal court, staying the case pending inter partes review of the asserted patents in the U.S. Patent and Trademark Office.  The case involves … Continue Reading

New Guidelines for a Motion to Stay an IPR

To stay or not to stay? That is the question.  Oftentimes, a company being sued for patent infringement on a patent being reviewed at the Patent Office would ask that the court stay the litigation and wait for the outcome of the Patent Office’s review.  The Patent Office’s new inter-partes review (“IPR”) proceeding essentially culminates … Continue Reading
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