How Increased Stays Pending IPR May Affect Venue Choice

Law360 (November 15, 2019, 2:13 PM EST) -- One year after the U.S. Supreme Court’s decision in SAS Institute Inc. v. Iancu, a trend is emerging on stays of litigation pending IPR proceedings in the district courts. The data show a statistically significant 5% increase in stays granted following SAS Institute compared to pre-SAS Institute stay rates.[1] 

The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods Group Brand LLC appears to have amplified SAS Institute’s impact by redistributing cases to courts that are more likely to grant stays. These trends are likely to significantly influence litigants’ choice of venue in patent cases.

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