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 Samsung Elecs. Am., Inc. v. Smartflash LLC, (and related CBM review proceedings), the Board denied a Patent Owner’s request for authorization to file a motion to stay the CBM proceeding based on the Board’s statutory mandate to complete the CBM proceeding within one year of institution. CBM2014-00190, Paper 13 (May 6, 2015).
Smartflash sued multiple entities in the … Continue Reading