SoftView LLC v. Apple Inc., et. al., 1-10-cv-00389 (DED September 4, 2013, Order) (Stark, J.).
Friday, September 6, 2013
Stay Pending Inter Partes Review Granted Despite Earlier Denial of Stay Pending Reexamination
The court granted defendants' motions to stay pending inter partes review where the court had denied a stay pending reexamination the year before and had found that the stage of the case weighed against a stay. "In the Court's [decision last year] denying a stay, the Court noted that the early stage of litigation and lengthy process of reexamination weighed against a stay. The inputs and result of this comparison are different now: while the case has substantially progressed, the inter partes review promises to be a more expeditious process than reexamination and appears to be relatively close to completion. . . . [B]y the time case-dispositive motions are filed, the inter partes review is likely to be over. . . . [T]he Court believes, under the circumstances, it is appropriate to allow the inter partes review a reasonable period to conclude before launching the parties into the expense of expert discovery."