In a March 3, 2016 ruling, Judge Katherine Polk Failla denied the defendant's motion for a stay of the plaintiff's patent infringement claims pending the PTAB's decision on whether to institute an IPR. The deciding factor in the Court's ruling was the parties' relationship as competitors, leading the Court to conclude that "in spite of Defendants’ contention that Plaintiff is the more powerful entity, Plaintiff nonetheless faces prejudice as the current patent-holder." Judge Failla concluded by noting that "if the PTO later institutes IPR proceedings, the Court may be in a better position to revisit a potential stay, and Defendants may renew their motion at that time."
for the Southern District of New York
Court Denies Stay Pending PTAB's Consideration of Petition to Institute IPR
In a March 3, 2016 ruling, Judge Katherine Polk Failla denied the defendant's motion for a stay of the plaintiff's patent infringement claims pending the PTAB's decision on whether to institute an IPR. The deciding factor in the Court's ruling was the parties' relationship as competitors, leading the Court to conclude that "in spite of Defendants’ contention that Plaintiff is the more powerful entity, Plaintiff nonetheless faces prejudice as the current patent-holder." Judge Failla concluded by noting that "if the PTO later institutes IPR proceedings, the Court may be in a better position to revisit a potential stay, and Defendants may renew their motion at that time."
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