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Judge Burke denies motion to stay pending IPR without prejudice to renew after the PTAB decides whether to institute the IPR proceeding

Magistrate Judge Christopher J. Burke recently denied a declaratory judgment-defendant’s motion to stay pending the outcome of a petition for inter partes review.  NuVasive, Inc. v. Neurovision Medical Products, Inc., C.A. No. 15-286-LPS-CJB (D. Del. June 23, 2015).  The IPR petition sought to invalidate all claims of one of the two patents-in-suit, U.S. Patent No. 8,634,894.  Judge Burke denied the stay because the PTAB’s decision on the petition was imminent, “coming well before the parties will have engaged in time-consuming and costly discovery and claim construction-related activity in this case.”  Id. at 3.  Moreover, Judge Burke noted that the PTAB’s decision, whether to deny or grant the petition, will “allow for some additional clarity in the record”; and that it is “the District’s Court’s preference that . . . cases filed by a plaintiff should move forward–even in the face of early-filed motions that have not yet to be fully resolved.”  Id. at 4-5.

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