Patent Litigation: Motions to Stay Pending PTAB Review Proceedings | Practical Law

Patent Litigation: Motions to Stay Pending PTAB Review Proceedings | Practical Law

This Practice Note discusses motions to stay a district court patent suit pending a post-grant patentability challenge at the Patent Trial and Appeal Board (PTAB) under the Leahy-Smith America Invents Act (AIA). It discusses the applicable law and precedent concerning motions to stay pending covered business method review (CBM), inter partes review (IPR), and post-grant review (PGR), including factors courts consider when deciding a motion to stay and practical considerations.

Patent Litigation: Motions to Stay Pending PTAB Review Proceedings

Practical Law Practice Note w-002-2509 (Approx. 16 pages)

Patent Litigation: Motions to Stay Pending PTAB Review Proceedings

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
This Practice Note discusses motions to stay a district court patent suit pending a post-grant patentability challenge at the Patent Trial and Appeal Board (PTAB) under the Leahy-Smith America Invents Act (AIA). It discusses the applicable law and precedent concerning motions to stay pending covered business method review (CBM), inter partes review (IPR), and post-grant review (PGR), including factors courts consider when deciding a motion to stay and practical considerations.