COVID-19 Changes How Some Courts Consider Motions to Stay Pending IPR

Posted by Marie McKiernan on Jun 8, 2020

Marie McKiernan

(Co-authored by Stuart Duncan Smith)

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:

  1. The stage of the proceedings
  2. Whether the stay will simplify the case before the court
  3. Whether a stay would result in undue prejudice to the nonmoving party
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Topics: IPR, COVID-19, coronavirus

Appearing Before PTAB During COVID-19: What You Need to Know

Posted by Stuart Duncan Smith on May 12, 2020

Stuart Duncan Smith

This blog post is part of Wolf Greenfield's COVID-19 Resource Center. To access the full resource center, click here.

Appearing before the Patent Trial and Appeal Board (PTAB) looks different as a result of COVID-19. The PTAB recently held a “Boardside Chat” to talk about how PTAB practice has changed. Here are some important changes practitioners should know regarding case management, CARES Act extensions and remote hearings at the PTAB.

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Topics: PTAB, COVID-19

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