Judge Sleet denies motion to lift stay

In a series of related actions, Judge Gregory M. Sleet denied the plaintiff’s motion to lift a stay that had been implemented pending inter parties review, where now the PTAB had issued final decisions that were pending appeal to the Federal Circuit. E.g., Safe Storage LLC v. Dell Inc., C.A. No. 12-1624-GMS (D. Del. Mar. 11, 2016). Applying the same legal principles as had been applied to the original grant of the stay, the Court concluded that no relevant factors weighed in favor of lifting the stay. The plaintiff was a non-practicing entity and thus would not suffer a competitive disadvantage. “Statistically, the Federal Circuit likely will rule on the appeals by the end of this year,” and further, its final decision “will simplify the issues for trial, as the Federal Circuit may reverse the PTAB on some or all of the claims. Finally the early stage of litigation favors entering a stay.”  Id. at 1 n.1.


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