ITC Refuses to Stay Investigation Pending Inter Partes Review, PTAB Litigation Blog

The International Trade Commission (“ITC”) has never granted a stay of a Section 337 investigation in favor of an American Invents Act inter partes review (“IPR”) at the U.S. Patent and Trademark Office (“USPTO”). That trend continued last week when Administrative Law Judge Shaw refused to stay an investigation even though the USPTO instituted an IPR proceeding on two of the three asserted patents before the Section 337 complaint was filed at the ITC.  Certain Laser-Driven Light Sources, Subsystems Containing Laser-Driven Light Sources, and Products Containing Same, Inv. No. 337-TA-983, Order No. 8 (March 3, 2016). The ALJ’s Order confirms that it is highly unlikely that a Section 337 proceeding will be stayed pending the completion of an IPR.

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