Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Staying Patent Validity Litigation Pending Reexamination: When Should Courts Endeavor To Do So, Steven M. Auvil
Staying Patent Validity Litigation Pending Reexamination: When Should Courts Endeavor To Do So, Steven M. Auvil
Cleveland State Law Review
This note will discuss the circumstances under which it is appropriate for a court to exercise its authority to stay patent validity litigation pending reexamination of the patent-in-suit. The question must be analyzed with due regard to the unique relationship that exists between Patent Office reexamination and district court litigation. As a point of departure, the note explains the substance and procedure of statutory reexamination. Secondly, it will discuss the possible effects that reexamination may have on concurrent litigation in a district court. Thirdly, the note will examine the discernible factors that courts have considered in deciding whether to suspend …