Thursday, June 16, 2016

Forthcoming Cuozzo Decision No Basis to Deny Stay Pending IPR

The court granted defendant's motion to stay pending inter partes review and rejected plaintiff's argument that the Supreme Court's pending review of a case supported plaintiff's argument of a lack of potential simplification of issues. "Plaintiff responds that IPR may not simplify the issues of the case because the PTAB’s 'broadest reasonable interpretation' standard for claim construction is currently under review by the United State Supreme Court in Cuozzo Speed Technologies, LLC v. Lee, U.S. No. 15-446, and that the PTAB’s decision in Defendant’s IPR turned on the BRI standard of claim construction. Plaintiff therefore argues that a stay should not be granted because the IPR decision may not simplify the issues for trial if the BRI claim construction standard is incompatible with a patent’s presumption of validity. The Court agrees with Defendant, however, that it would be improper to suspend the application of current law based on speculation as to the Supreme Court’s decision in Cuozzo."

Palomar Technologies, Inc. v. MRSI Systems, LLC, 3-15-cv-01484 (CASD June 14, 2016, Order) (Sammartino, J.)

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