Judge Kinkeade Denies Motion to Stay Pending IPR Review

On September 11, 2017, Judge Kinkeade denied (in an electronic order available here) a motion to stay pending inter partes review. Judge Kinkeade found that the “reasons supporting a stay of this case are speculative and that [the moving party] has not shown that a stay will increase judicial economy.” Despite the relatively brief order, one can’t help but wonder whether it was motivated by the Supreme Court’s decision to grant certiorari in the Oil States case—a case where the Supreme Court will determine whether the inter partes review process for challenging patents is constitutional.

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