Copy Protection LLC v. Netflix, Inc.C.A. No. 14-365 – LPS, June 17, 2015

Stark, C. J. Defendant’s motion for stay pending IPR is denied.

The PTAB has not yet instituted the IPR petition. The deadline for decision on whether to institute the IPR petition is October 22, 2015.  Delay in petitioning for IPR could create some tactical disadvantage to plaintiff and a stay could prejudice plaintiff, a non-practicing entity. There is a potential for undue prejudice since the stay may result in prolonging the final resolution. The simplification issue does not cut in favor of a stay until the petition for IPR is granted. Defendants may renew their motion at that time to reevaluate the simplification factor.  A trial date is set for October 11, 2016, at about the same time as the IPR may be fully decided.  The parties have engaged in a substantial amount of discovery and are set to complete claim construction briefing shortly.  The motion to stay is denied without prejudice.