IGT v. Aristocrat Technologies, Inc., 2-15-cv-00473 (NVD September 18, 2015, Order) (Navarro, J.)
Wednesday, September 23, 2015
Plaintiff’s Inability to Assert Assignor Estoppel in IPR No Basis for Preliminary Injunction Precluding IPR Petition
The court denied plaintiff's motion for a preliminary injunction precluding defendant from seeking reexamination or inter partes review because plaintiff failed to establish irreparable harm through its inability to raise an assignor estoppel defense in post-grant proceedings. "Plaintiff asserts it will be irreparably harmed if the Court does not enjoin Defendant from seeking reexamination or inter partes review . . . [because] Plaintiff would be unable to raise assignor estoppel as a defense during inter partes proceedings; and . . . Defendant may succeed in having one or more of the claims in the patents cancelled. . . . Multiple contingencies must occur before Defendant's petition would injure Plaintiff. Specifically, the [PTO] would have to institute the proceedings and reach a finding of invalidity before Plaintiff would actually suffer injuries from Defendant's petition. Since, at this time, the Court cannot predict whether the [PTO] will decide to institute inter partes review, the circumstances Plaintiff offers show a possibility of injury, but are too contingent to satisfy the likelihood of irreparable harm standard. . . . Plaintiff has not provided, and the Court has not found, any precedent case enjoining a defendant from seeking inter partes review at this stage in the proceedings."