No Stay Pending IPR Covering Fewer Than 25% of Litigated Claims

The court denied defendants' motion to stay pending inter partes review because of the advanced stage of the case and lack of potential simplification of issues. "Part of the quid pro quo of any stay pending inter partes review before the Patent Office is the promise of simplification. . . . Where the IPR will address some, but not all, claims asserted in the district court, relative to the quo the value of the quid shrinks considerably. . . . [A] trial date is set [in 12 months], the court has construed claims not once, not twice, but three times, the parties have exchanged voluminous document productions — in the Wave 1 cases at the very least — and fact discovery is set to close in just over a month. With the trial date just under a year away, these cases have already reached an advanced stage, and this court has put significant work into getting these cases this far. . . . With fewer than 25 percent of the claims at issue subject to inter partes review, the overall effect of any PTAB decision — whether it cancels all or some claims, amends all or some claims, or allows all or some claims to survive — will be minimal relative to the number of claims not under review."

Adaptix, Inc. v. Dell, Inc. et al, 5-14-cv-01259 (CAND August 5, 2015, Order) (Grewal, M.J.)