No stays for IPRs and CBMs in view of advanced stage of litigation and long PTAB timeline

Intellectual Ventures II LLC v. JP Morgan Chase & Co. et al.

Case Number: 1:13-cv-03777

Summary: In litigation filed June 2013 with a trial anticipated in the summer of 2015, Judge Hellerstein denied JP Morgan Chase’s motion to stay the case in light of:

  • 12 IPR petitions, filed by non-parties, only one of which had been granted by the PTAB as of the date of the motion
  • 5 CBM petitions (or potential petitions), none of which had been filed as of the date of the motion, two of which were filed by the date of the decision, and none of which had been granted.

Noting that the IPR and CBM procedures can take 24 months from the filing of a petition to a final written decision, with perhaps two more years for appeal at the Federal Circuit, Judge Hellerstein said, “[t]he case before me is moving speedily and efficiently to trial. There is no good reason to disturb that progress.”

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