Unworkable Interplay Between Court and PTO Proceedings Requires Stay of Litigation

The court sua sponte stayed plaintiff's patent infringement action pending ex parte reexamination to conserve judicial resources. "⁠[H]appening essentially in real time, there are accusations of perjury being submitted to the PTO based on declarations and arguments before this Court, and there are arguments of inequitable conduct being submitted to this Court based on accusations of perjury before the PTO. The questionable and challenging interplay between these two proceedings has become unworkable. Continuing in this tandem fashion will only ensure that even more judicial and agency resources are wasted. . . . It’s become apparent that there’s no chance of the parties engaging each other in a civilized manner until the PTO has concluded its reexamination and the parties are done muddying the waters between the two proceedings."

Parallax Group International, LLC v. Incstores LLC, 8-16-cv-00929 (CACD March 21, 2018, Order) (Guilford, USDJ)