Pragmatus Mobile, LLC v., Inc. et al.C.A. Nos. 14-365 – LPS; 14-440 – LPS, June 17, 2015

Stark, C. J. Moving defendants’ 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.  Defendants were aware of the prior art asserted in the IPR petition for many months and delayed filing until 3 days before the statutory deadline. 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 September 12, 2016, at about the same time as the IPR may be fully decided.  The parties have substantially completed document production, exchanged contentions, and commenced briefing for an August Markman hearing.  The motion to stay is denied without prejudice.