Tag Archives: motion to stay

Stays Pending Reexamination and Experts Subject to a Prosecution Bar

Posted on July 14, 2011 by Tim Bianchi

In Interval Licensing LLC v. eBay, Inc., et. al., 2-10-cv-01385 (WAWD),  Interval Licensing (Interval) filed a motion for reconsideration of an earlier order by the Court to stay the litigation pending reexamination.  On July 12, 2011, Judge Marsha J. Pechman denied the motion. … Continue reading →

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Patent Owner Stay Motion Successful Based on Defendants’ Reexam Requests Filed on Eve of Markman

Posted on May 25, 2011 by Tim Bianchi

In Fifth Market, Inc. v. CME Group Inc, et al., (1-08-cv-00520, D. Del), the Patent Owner/Plaintiff (Fifth Market, Inc.) sued multiple Defendants on two patents (U.S. Pat. No. 6,418,419 and U.S. Pat. No. 7,024,387) in 2008.  Three amended complaints were … Continue reading →

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Factors in Deciding Motions to Stay Litigation Pending Reexamination

Posted on March 23, 2011 by Tim Bianchi

If a patent is in reexamination at the outset of a patent infringement action, there is a possibility of obtaining a stay from the district court.  But motions to stay are not always successful, and they are decided  after consideration … Continue reading →

Posted in factors for stay, inter partes reexamination, Litigation, reexamination generally, stay | Tagged , , , , , , , | 2 Comments