Judge Gilstrap Denies Motion to Stay Because Defendant Relying on Third Party IPR Would Not Agree to be Fully Bound by Statutory Estoppel of 35 U.S.C. § 315, PTAB Litigation Blog
In Intellectual Ventures II LLC v. Kemper Corporation (accessible here), No. 6:16-cv-00081, Dkt No. 57 (E.D. Tex. Nov. 7, 2016) (Slip Op.), Judge Gilstrap made clear that a defendant in East Texas seeking a stay based on a third party petitioner’s IPR filing should agree to the same full statutory estoppel that binds the petitioner if the defendant wants its motion to be granted.
Read the full article at ptablitigationblog.com.