You Snooze, You Lose: Judge Liman Grants Stay Pending Not-Yet-Instituted IPR When Plaintiff Waited Too Long to File Suit Against a Competitor
By EsqSocial Corporation 02/10/24
On September 9, 2024, Judge Lewis J. Liman granted a motion to stay pending the resolution of a U.S.P.T.O. inter partes review (“IPR”) filed by Defendant Tommy John, Inc. challenging the patentability of Plaintiff Pakage Apparel, Inc.’s asserted patent. In doing so, the Court considered three factors: “(1) whether a stay will simplify the issues in question and trial of the case; (2) the stage of the proceedings; and (3) whether a stay will prejudice the nonmoving party.”...
By: Patterson Belknap Webb & Tyler LLP