Filed: Jul. 27, 2015
Latest Update: Jul. 27, 2015
Summary: JOINT STATUS REPORT REGARDING INTER PARTES REVIEW INSTITUTION DECISION SUSAN ILLSTON , District Judge . Pursuant to the Court's Order Granting Defendant's Motion to Stay (Dkt. No. 31), MLC Intellectual Property, LLC ("MLC") and Micron Technology, Inc. ("Micron") jointly report that on July 20, 2015, the Patent Trial and Appeal Board of the Patent and Trademark Office ("PTAB") issued a decision denying institution of an inter partes review of any challenged claim of U.S. Patent No. 5
Summary: JOINT STATUS REPORT REGARDING INTER PARTES REVIEW INSTITUTION DECISION SUSAN ILLSTON , District Judge . Pursuant to the Court's Order Granting Defendant's Motion to Stay (Dkt. No. 31), MLC Intellectual Property, LLC ("MLC") and Micron Technology, Inc. ("Micron") jointly report that on July 20, 2015, the Patent Trial and Appeal Board of the Patent and Trademark Office ("PTAB") issued a decision denying institution of an inter partes review of any challenged claim of U.S. Patent No. 5,..
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JOINT STATUS REPORT REGARDING INTER PARTES REVIEW INSTITUTION DECISION
SUSAN ILLSTON, District Judge.
Pursuant to the Court's Order Granting Defendant's Motion to Stay (Dkt. No. 31), MLC Intellectual Property, LLC ("MLC") and Micron Technology, Inc. ("Micron") jointly report that on July 20, 2015, the Patent Trial and Appeal Board of the Patent and Trademark Office ("PTAB") issued a decision denying institution of an inter partes review of any challenged claim of U.S. Patent No. 5,764,571 (the "`571 patent"). Ex. A, IPR2015-00504, Paper 8 at 16.
MLC submits that the stay, entered February 3, 2015, should immediately be lifted and requests that the Court reschedule the case management conference previously set for March 20, 2015.
Micron submits that the stay, entered February 3, 2015, should remain in place until such time that the PTAB rules on Micron's planned request for rehearing of the PTAB's decision refusing to institute the inter partes review. The deadline for filing Micron's request for rehearing is August 19, 2015. Requests for rehearing are typically resolved quickly. For example, a review of recent PTAB decisions shows that the PTAB takes, on average, approximately 36 days from time of filing to issue its decision on requests for rehearing.1 As a result, maintaining the current stay in place until Micron has exhausted the administrative procedures available before the PTAB would not result in any tangible prejudice to Plaintiff. Micron requests that the parties be required to jointly notify the Court upon receipt of the PTAB's decision on Micron's request for rehearing. At that time, the Court may lift the stay or keep it in place pending final resolution of the inter partes review, if instituted.
