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“Stays of Litigation Pending IPR Are Likely to Increase”

Law260 Carly S. Levin, Meaghan Kent, Steven Schwarz, Fabian Koenigbauer

Following is an excerpt:

For a variety of reasons, not least of which is resources, parties do not typically want to fight the same battle in two venues. So when a defendant in patent litigation initiates an inter partes review challenging the validity of the patent, a motion to stay district court litigation often follows. The U.S. Patent and Trademark Office reported during a recent roundtable that 80-90 percent of petitions to the Patent Trial and Appeal Board involve patents in pending federal court litigation. Statistics show, however, that only 60-70 percent of motions to stay pending IPR are granted.