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

T-Rex Prop. AB v. Adaptive Micro Sys., LLC, No. 16 C 5667, Slip Op. (N.D. Ill. Jan. 26, 2017) (Kendall, J.).

Judge Kendall granted defendant Adaptive Micro Systems’ (“Adaptive”) motion to stay plaintiff T-Rex’s patent suit pending potential institution of inter partes review (“IPRs”) and a covered business method review (“CBM”).

The fact that

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