Magistrate Judge Burke denies motion to stay pending appeal of IPR decision.

In a recent memorandum order, Judge Christopher J. Burke denied a defendant’s motion to partially stay a case involving several asserted patents pending the conclusion of the appeal to the Federal Circuit of the PTAB’s decision regarding one of the asserted patents.  LG Electronics, Inc. v. Toshiba Samsung Storage Technology Korea Corp., C.A. No. 12-1063-LPS-CJB (D. Del. Dec. 11, 2015).  The result of the IPR was a finding that the plaintiff’s patent was unpatentable as anticipated and obvious.  The plaintiff appealed that finding and briefing is scheduled to be completed in February 2016.  In denying the defendant’s motion to stay pending the outcome of that appeal, Judge Burke’s decision was motivated primarily by the “undue prejudice” factor of the stay analysis.  The Court noted that although a case schedule had been set only recently, the case was filed in August 2012, more than three years ago, and the case was delayed due to motion practice by the defendant.  Judge Burke explained that “[i]n a vacuum, it does not seem long to wait for another six or seven months for the appeal to conclude before moving forward . . . .  But this case cannot be viewed in a vacuum.  Instead, it must be viewed in its actual context.  . . . [D]elaying the action (in part) by many more months—in addition to the real delay LG has already experienced—is problematic.”

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