Stays in Litigation Pending IPR or CBM Review Vary Significantly Based On Jurisdiction

Stays in Litigation Pending IPR or CBM Review Vary Significantly Based On Jurisdiction

By: Ryan Murphy

Inter partes review (“IPR”) and covered business method patent review (“CBM”) are useful tools for a defendant accused of infringing a patent in a district court litigation. IPRs and CBMs allow defendants to use an administrative process to determine validity, instead of relying solely on the courts.  Pursuing unpatentability via an IPR or CBM rather than within the district court is generally advantageous due to the shortened timeline, expertise of the agency, and lower costs associated with IPRs and CBMs.  Pursuing an IPR or CBM during a pending patent litigation may also provide the defendant an additional benefit – a litigation stay.  A litigation stay is advantageous to a defendant for many reasons, primarily due to the potential of cancelling the claims asserted in litigation in a timely and economic manner. 

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