Greatbatch Ltd. v. AVX Corporation, et al., C.A. No. 13-723-LPS, December 10, 2015.
Stark, C. J. Defendants’ motion to stay pending IPR and reissue proceedings is denied.
The PTAB did not institute IPR with respect to the sole claim asserted in this case with respect to one of the asserted patents. Defendants filed their motion on the last day permitted by statute, and delayed moving for a stay until after completion of discovery, briefing for summary judgment and less than two months before the pre-trial conference. The PTAB’s decision did not address the disputed claim and any further guidance on appeal is wholly speculative. The court has ruled on claim construction and a multitude of motions. This factor likewise weighs against a stay. The vast amount of resources already expended weighs in favor of proceeding to trial on all remaining patents-in-suit.