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- Title
NFC TECHNOLOGY LLC V. HTC AMERICA, INC.: JUDGE BRYSON'S SITTING-BY-DESIGNATION GUIDE TO SECURING STAYS IN LIGHT OF INTER PARTES REVIEWS.
- Authors
STROUD, JONATHAN
- Abstract
Federal Article III judges may stay civil litigation. Stays are most appropriate ivhere another court or authority may resolve a part of or the entire dispute. Some statutes guide the courts on when to stay; some case law and appellate precedent guide judges on when a stay is appropriate. But the ir terlocutory nature of such decisions makes precedential decisions scarce. The Patent Trial and Appeal Board (PTAB), an administrative body tasked with patent post-grant review, efficiently reviews patentability of and can estopp later validity arguments. Stays in light of these proceedings are particularly favored. Although it will be some time before a body of appellate precedent develops surrounding these stays, one senior appellate judge from the patentfocused U.S. Court of Appeals fo r the Federal Circuit, sitting by designation, has issued a district court decision in a contentious district, where he exhaustively compiled district court stay cases and offered a guide fo r other judges faced with determining whether to stay. This Essay analyzes that decision.
- Subjects
UNITED States; HTC America Inc.; STAY of proceedings (Civil procedure); BRYSON, William C.; JUDICIAL review; PATENT suits; UNITED States. Court of Appeals (Federal Circuit); APPELLATE judges; UNITED States. Patent Trial &; Appeal Board; POLITICAL attitudes; ACTIONS &; defenses (Law); STATUS (Law)
- Publication
American University Law Review, 2016, Vol 65, Issue 4, p1075
- ISSN
0003-1453
- Publication type
Essay