Monday, June 2, 2014

Delay in Filing Suit and Lack of Preliminary Injunction Request Favor Stay Pending IPR

The court granted defendant's motion to stay pending inter partes review because the lack of undue prejudice, potential simplification of issues, stage of the case, and reduction of the burden of litigation weighed in favor of a stay. "The fact that [defendant] is seeking a stay at the earliest stage of the litigation diminishes the potential effect of any tactical disadvantage [plaintiff] could face. . . . Additionally, [plaintiff's] own delay, waiting [2 years] to file the Complaint, further indicates that [plaintiff] will not suffer undue prejudice from a stay. . . . If competition for market share was a serious concern, [plaintiff] surely would have filed sooner, rather than spend two years in discussions with [defendant]. Additionally, [plaintiff] has not sought a preliminary injunction in this litigation, which further supports the absence of [plaintiff's] concern regarding a pressing threat to [its] market share."

Ignite USA, LLC v. Pacific Market International, LLC et al, 1-14-cv-00856 (ILND May 29, 2014, Order) (Holderman, J.)

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