Novartis AG, et al. v. HEC Pharm Co., Ltd., et al., C.A. No. 15-151 - LPS, May 2, 2016.
Stark, C. J. Plaintiff’s motion to stay proceedings pending appeal of an IPR is granted in part. The court heard argument on April 19, 2016.
This action was filed in February, 2015. In May, defendant counterclaimed for a declaratory judgment that a patent (‘283 Patent) which plaintiff had not asserted was invalid. In September, the PTAB found the ‘283 Patent to be invalid as obvious. Defendant was not involved in that proceeding and opposes the stay. The court finds that the stage of the litigation with respect to the ‘283 Patent and the status of the IPR appeal favor the stay, as does the lack of prejudice to defendant. The court stays the case with respect to the ‘283 Patent until the earlier of November 1, 2016 or the issuance of a decision on the Federal Circuit appeal.