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
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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.
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