We have previously written about stays of litigation before the PTAB has acted on a petition for IPR or CBM review. A recent Board decision addresses a contrasting circumstance: staying a CBM proceeding in light of activity in litigation. In
In E*Trade Financial Corporation, et al. v. Droplets, Inc., the PTAB granted a motion to change the filing date of an IPR petition, according a filing date based on the initial submission of the petition via e-mail when the
In Credit Card Fraud Control Corp. v. Maxmind, Inc., a defendant moved a Northern District of Texas court to stay litigation under AIA § 18(b)(2) based on a petition for CBM review that had not yet been instituted by
In Hughes Network Sys., LLC v. Cal. Inst. of Tech., the PTAB addressed a Patent Owner’s challenge to the availability of two papers from the same conference (albeit different years) as printed publications for use against the challenged claims.
We have previously written about the emerging trend of district courts not granting motions to stay until IPR or CBM proceedings have been instituted. The Federal Circuit seemed to indirectly support that approach in its recent decision in Intellectual Ventures
In Square, Inc., v. Unwired Planet, LLC, the PTAB denied the Petitioner’s request for rehearing of a decision not to institute a Covered Business Method Review on prior art grounds because the petition failed to show that a non-patent