Thursday, February 19, 2015

Stay Pending CBM Review Conditioned Upon PTAB’s Institution of Review

The court granted defendant's motion to stay pending its petition for CBM review, conditioned upon the PTAB's grant of defendant's petition, and found the potential simplification of issues would weigh in favor of a stay. "Until the PTAB issues its decision, the first factor under the AIA test weighs against the imposition of a stay. It is simply too difficult to predict that a stay would simplify the issues in this case, at least without relying on speculation. However, in the event that the PTAB grants [defendant's] petition, issues in this litigation would likely be simplified through a stay."

Broadband iTV, Inc. v. Hawaiian Telcom, Inc. et al, 1-14-cv-00169 (HID February 17, 2015, Order) (Kay, M.J.)

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