Judge Sleet Denies Motion to Stay Pending Inter Partes Review Without Prejudice
May 3, 2017
Publication| Intellectual Property
In Koninklijke Philips N.V. v. ASUSTek Computer Inc., C.A. No. 15-1125-GMS (D. Del. Mar. 30, 2017), and related cases, Judge Sleet denied the defendants’ motion to stay the case pending inter partes review without prejudice. Although the Court recognized that petitions for IPR of six of the eleven patents asserted in this case were pending, the Court denied the defendants’ motion to stay because the Patent Trial & Appeal Board has not yet decided whether to grant the petitions. Notably, Judge Sleet denied the defendants’ motion without prejudice, thus affording the defendants the opportunity to raise the motion again if the PTAB institutes proceedings.
Key Points: This decision is consistent with other rulings in this District suggesting that the mere filing of a petition for inter partes review does not justify a stay, and that judges may prefer to await the institution decision in order to evaluate how parallel proceedings may affect the litigation.