11.21.2016

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Articles

The overall granting of stays pending IPR and CBM in the past year has remained identical to the first three years overall contested requests to stay were granted. But the overall success rate for contested requests to stay filed after institution jumped from 70% to 75%. Several factors that impact the overall likelihood of success, including the timing of the request – such as pre-institution or post-institution, or if the request is made early or late in the case – the jurisdiction and judge, and the parties in the case. Several districts stand out as favourable to motions to stay pending IPR review while a handful of others are generally antistay. Click here to continue reading.