What The Latest Case Data Reveals About Stays Pending IPR

By Amy Han, Forrest McClellen and Michelle Armond (March 7, 2022, 5:49 PM EST) -- Ten and a half years after the America Invents Act was signed into law, inter partes review proceedings before the Patent Trial and Appeal Board are ubiquitous. They are commonly accompanied by requests to stay the co-pending federal court patent litigation during the IPR proceeding.

In 2019, we conducted an empirical analysis[1] of a statistically significant increase in stays of district court litigation after the U.S. Supreme Court's 2018 decision in SAS Institute Inc. v. Iancu.[2]

This article analyzes the most recent data, through Dec. 31, 2021, and shows a new and emerging trend.[3] While the overall increase in stays of patent...

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