Chief Judge Stark denies motion to stay pending inter partes review

Chief Judge Leonard P. Stark recently denied a motion to stay pending inter partes review filed by Netflix.  Copy Protection LLC v. Netflix, Inc., C.A. No. 14-365-LPS (D. Del. June 17, 2015).  As the Court explained, the PTAB had not yet instituted the inter partes review, and was not required by statute to make a decision on whether or not to do so until October 2015.  Further, based on the statutory timeline, a final decision from the PTAB would be expected around the same time as trial in this case—October 2016.  Therefore, the Court found that the balance of factors weighed against staying the case at this time, but explained that Netflix could renew its motion if and when inter partes review is instituted by the PTAB.

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