This blog post is part of Wolf Greenfield's COVID-19 Resource Center. To access the full resource center, click here.
A stay is an important mechanism for many defendants to consider when filing an IPR. Due to the ongoing pandemic, courts have had to shift resources to address COVID-19-related concerns. In some instances, that is changing how courts evaluate motions to stay pending IPR.
Courts often consider three factors when determining whether to grant a stay pending IPR of a patent. These factors include:
- The stage of the proceedings
- Whether the stay will simplify the case before the court
- Whether a stay would result in undue prejudice to the nonmoving party