Intellectual Ventures II LLC v. JPMorgan Chase & Co., No. 14-1724 (Fed. Cir. 2015)
Annotate this CaseIV alleged infringement of five patents. A year later, JPMC moved to stay the case pending the result of four covered business method reviews (CBMR) JPMC planned to file with respect to the patents. JPMC filed CBMR petitions for two patents, but never filed the other two promised petitions. Before the Patent Trial and Appeal Board acted on the petitions, the district court denied JPMC’s motion to stay, applying the four-factor test from the America Invents Act, 125 Stat. 284, 329–31. The court stated that, because there are multiple patents and claims in suit, it would be inappropriate to stay the entire litigation while waiting to see if the PTAB would initiate review of only two; that the litigation would likely be resolved more quickly than any extended CBM review; that it was largely speculative to argue that the PTAB’s resolutions of the CBMR petitions would reduce the court’s workload; and that any reduction was offset by IV’s right to a speedy trial. The Federal Circuit dismissed for lack of jurisdiction to consider an interlocutory appeal from a decision on a motion to stay until the PTAB institutes a CBMR proceeding.
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