2011 US Code
Title 35 - Patents
Part III - PATENTS AND PROTECTION OF PATENT RIGHTS (§§ 251 - 329)
Chapter 31 - OPTIONAL INTER PARTES REEXAMINATION PROCEDURES (§§ 311 - 319)
Section 318 - Stay of litigation
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 35 - PATENTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 31 - OPTIONAL INTER PARTES REEXAMINATION PROCEDURES Sec. 318 - Stay of litigation |
Contains | section 318 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4604(a)], Nov. 29, 1999, 113 Stat. 1536, <!-- PDFPage:133 -->1501A-570; amended Pub. L. 107-273, div. C, title III, §13202(c)(1), Nov. 2, 2002, 116 Stat. 1902; Pub. L. 112-29, §6(a), Sept. 16, 2011, 125 Stat. 303. |
Statutes at Large References | 113 Stat. 1536 116 Stat. 1902 125 Stat. 303 |
Public Law References | Public Law 106-113, Public Law 107-273, Public Law 112-29 |
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Once an order for inter partes reexamination of a patent has been issued under section 313, the patent owner may obtain a stay of any pending litigation which involves an issue of patentability of any claims of the patent which are the subject of the inter partes reexamination order, unless the court before which such litigation is pending determines that a stay would not serve the interests of justice.
(Added Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–570; amended Pub. L. 107–273, div. C, title III, §13202(c)(1), Nov. 2, 2002, 116 Stat. 1902; Pub. L. 112–29, §6(a), Sept. 16, 2011, 125 Stat. 303.)
Amendment of SectionPub. L. 112–29, §6(a), (c)(2), Sept. 16, 2011, 125 Stat. 303, 304, provided that, effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to any patent issued before, on, or after that effective date, with provisions for graduated implementation, this section is amended to read as follows:
§318. Decision of the Board(a)
(b)
(c)
(d)
See 2011 Amendment note below.
Amendments2011—Pub. L. 112–29 amended section generally. Prior to amendment, text read as follows: “Once an order for inter partes reexamination of a patent has been issued under section 313, the patent owner may obtain a stay of any pending litigation which involves an issue of patentability of any claims of the patent which are the subject of the inter partes reexamination order, unless the court before which such litigation is pending determines that a stay would not serve the interests of justice.”
2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113, which enacted this section.
Effective Date of 2011 AmendmentAmendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to any patent issued before, on, or after that effective date, with provisions for graduated implementation, see section 6(c)(2) of Pub. L. 112–29, set out as a note under section 311 of this title.
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