Fed. Circ. Told Albright Has 'Impossible Barrier' To Stay Cases

Law360 (April 15, 2021, 6:31 PM EDT) -- The Federal Circuit has been told that Western District of Texas Judge Alan D. Albright has adopted rules that create an "impossible barrier" to getting infringement cases stayed during Patent Trial and Appeal Board reviews, and that the appeals court must step in.

In a mandamus petition filed Wednesday, Vulcan Industrial Holdings LLC said that Judge Albright only "superficially" addressed whether a stay was appropriate after it secured a post-grant review and has "set up an impossible barrier to attaining a stay pending the determination of post-issuance challenges."

Judge Albright said that he based his decision to deny Vulcan's request for...

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