No Stay Pending IPR in Light of Previous Unsuccessful IPR

The court denied defendant's motion to stay pending inter partes review because of the undue prejudice to plaintiff. "Third parties have already unsuccessfully challenged these patents in a previous IPR proceeding. Now, five months after that denial, other parties have filed a successive IPR petition with similar claims. . . . Any delay of this kind is inherently prejudicial to Plaintiff’s right to pursue its claims. . . . [B]ecause the PTAB has already denied challenges to the patents in the first IPR proceeding, it would seem even less likely that the current petition would succeed. . . . If the PTAB should issue a decision which changes any of these assumptions or the status of the overall disputes, then the Court can certainly review this denial. In the meantime, the Court’s judgment is that the parties should reach agreement on an appropriate litigation plan and proceed with it."

CTP Innovations, LLC v. VG Reed and Sons, Inc., 3-14-cv-00364 (KYWD July 18, 2014, Order) (Heyburn, J.)