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Judge Andrews stays cases pending inter partes review.

Judge Richard G. Andrews recently stayed two cases pending inter partes review.  MiiCs & Partners Am. Inc. v. Toshiba Corp., et al., C.A. Nos. 14-803-RGA, 14-804-RGA (D. Del. Aug. 11, 2015).  Judge Andrews found that inter partes review “has the potential to simplify the issues for trial . . . the law of probabilities makes it almost certain that the PTAB will grant at least some of the petitions, and that some of the claims will eventually be rejected or modified, and others of them, even if neither rejected nor modified, will garner additional prosecution history that may be relevant to claim construction.”  Id. at 2.  The Court added that the case was still relatively early in the schedule, with no depositions yet conducted, and expert discovery a long way off.  Finally, the plaintiffs were non-practicing entities, such that “[i]t does not appear that they will suffer any undue prejudice if the motion is granted.”  Id. at 3.  Overall, the Court found that “this seems pretty close to the classic case for granting a stay pending inter partes review.”  Id.

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