Leak Surveys, Inc. v. FLIR Systems, Inc., 3-13-cv-02897 (TXND November 13, 2017, Order) (Lynn, USDJ)
Wednesday, November 15, 2017
Following the PTAB's Invalidation of Asserted Patent Claims, Oil States Does Not Justify Stay of Litigation
Following the PTAB's invalidation of all asserted claims during inter partes review, the court denied plaintiff's motion to stay pending the Supreme Court decision regarding the constitutionality of IPR proceedings in Oil States Energy Servs., LLC v. Greene's Energy Grp., LLC, cert. granted in part, 137 S. Ct. 2239 (2017). "The PTAB ultimately invalidated all asserted claims in this case. Plaintiffs have exhausted appeals related to the PTAB's decision. Accordingly, this case is moot. Continuing the stay will only serve to prejudice Defendant by delaying final resolution of this case. . . . Even if the Supreme Court holds that IPRs are unconstitutional, it may choose not to apply the new rule retroactively. Even if the Supreme Court applies the new rule retroactively, it would seemingly only apply to cases still pending on direct review of the PTAB decision."