Prejudice to NPE Weighs Against Stay Pending CBM Review

The court denied defendant's motion to stay pending CBM review and found that the NPE plaintiff would be unduly prejudiced by a stay. "Although it is true that [plaintiff] does not actively practice the patents and, therefore, does not compete with [defendant], it is also true that the longer [defendant] is allowed to engage in allegedly infringing activity, the lower the value of the patents becomes as licensing assets. Moreover, the patents-in-suit are set to expire in [2 years] and any delay in determining their validity significantly prejudices [plaintiff's] ability to license the patents."

Walker Digital LLC v. Google Inc., 1-11-cv-00318 (DED June 24, 2014, Order) (Stark, J.)