Stay Pending CBM Does Not Require “Threshold” Determination of Ripeness

The court granted defendant's motion to stay pending CBM review where defendant's petition for review was pending. "[Plaintiff] has suggested that there is a threshold question regarding whether the Motion for Partial Stay is ripe for review given that the PTO has not yet granted [defendant's] petition. While the Court does not find that this is a threshold issue, it can be considered in reviewing each of the four factors. Given, however, the probability that the claims will be heard, the Court does not find the fact that the petition has not yet been granted to weigh heavily against a stay."

Unwired Planet, LLC v. Google, Inc., 3-12-cv-00504 (NVD January 27, 2014, Order) (Du, J.)