Memorandum Opinion and Order

PAMELA L. REEVES, District Judge.

The defendant in this patent infringement case has moved for a partial stay pending a Covered Business Method ("CBM") review by the United States Patent Office, which will consider whether the claims of the sole patent at issue (the "`211 Patent") are directed to ineligible subject matter under 35 U.S.C. § 101. [R. 28]. The CBM review was initiated by the Jewelry Channel, who is a defendant in another patent infringement lawsuit filed by America's Collectibles Network ("ACN"). The Genuine Gemstone Company is not a party to the CBM review.

Genuine Gemstone contends that it is the true owner of the `211 Patent—not ACN—and it has filed a motion for summary judgment regarding ownership of the `211 Patent. [R. 55]. Accordingly, while Genuine Gemstone seeks a stay of ACN's patent infringement claims, it asks the Court to proceed with determining the true owner of the `211 Patent, whether that be accomplished by summary judgment or at trial in July 2015. According to Genuine Gemstone, "any adjudication of the patent [before the Patent Office] without first resolving the ownership issue would deprive Genuine Gemstone of its opportunity to defend its patent." [R. 101, p. 1]. Though ACN initially opposed the partial stay, Genuine Gemstone has since notified the Court that ACN consents. Id.

Accordingly, Genuine Gemstone's motion for a partial stay [R. 29] is Granted. The infringement and validity claims will be Stayed pending completion of the CBM review. The ownership claims, however, will proceed.

It is so ORDERED.