Stay Pending Reexam Denied Because a Stay Would Result in "More Significant" Prejudice Given the Court's Overall Speed in Disposing Patent Cases

Defendant's motion to stay pending inter partes reexamination was denied. "[T]he average pendency for an inter partes reexamination is 41.7 months. . . . [Defendant] is correct, of course, that some courts have granted stays pending reexamination despite the prospect of a drawn-out PTO proceeding. But the prejudice to the non-moving party must be measured not only by the delay attendant to a PTO examination, but also in terms of the length of an alternative proceeding in a district court. This judicial district holds the record for the fastest disposition of patent cases, resolving cases on average within half a year. Thus, the prejudice which would result from a stay in the present case is more significant than it would be if the parties were litigating in a district where judicial proceedings take longer to resolve."

Telecommunication Systems, Inc. v. Sybase 365, Inc., 2-09-cv-00387 (VAED December 23, 2009, Order) (Doumar, J.)