A PTAB proceeding, such as an Inter Partes Review (“IPR”), Covered Business Method Review (“CBM”) or Post-Grant Review (“PGR”) is a powerful defensive strategy because of speed and cost. The business calculus, however, changes significantly if the petitioner has already been sued in district court and the district court judge denies a stay. Then, instead

The Northern District has the highest grant rate for stays pending Inter Partes Review (“IPR”), Covered Business Method Review (“CBM”) and Post-Grant Review (“PGR”) of any of the biggest patent districts nationwide – 72.7%.  According to Docket Navigator’s excellent data, through 2016 the Northern District fully granted 59.1% of stay motions and partially granted