English
Forum Shopping in Anticipation of Concurrent Reexamination
In recent posts, we have discussed the Northern District of California’s surprising stay of a patent infringement suit in view of an undecided reexamination request. Likewise, our colleagues at the ITCblog have discussed the opposite extreme, the International Trade Commission (ITC). The ITC seems to grant stays pending reexamination in only the most extreme of circumstances due to their statutorily mandated time to decision.
In the Eastern District of Texas, stays although historically disfavored, are beginning to emerge in stipulated form. Read the rest of this entry »
