PersonalWeb Technologies, LLC v. Apple Inc.
Opinion
Lead Opinion
Rogers, J.
OrdeR Granting Motion of Defendant to Stay Pending Inter Partes Review
I. Introduction
As set forth herein, the Court Grants the motion of defendant Apple Inc. to stay this case in favor of inter partes review proceedings currently underway before the U.S. Patent and Trademark Office (“PTO”). (Dkt. No. 125.) 1 Roughly half of the claims at issue in this case are currently subject to inter partes review proceedings instituted by either the defendant or a third party. Thus, the likelihood of substantial narrowing of the issues before the Court justifies entry of a stay.
II. Background
A. Inter Partes Review
The Leahy-Smith America Invents' Act (“ALA”), introduced in 2012, replaced the former inter partes reexamination proceeding with an inter partes review process. Semiconductor Energy Lab. Co., Ltd. v. Chimei Innolux Corp., Case No. 12-cv-21 JST, 2012 WL 7170593 , at *1 (C.D.Cal. Dec. 19, 2012). Once a petition for inter partes review is filed, the PTO must decide within three months whether to grant inter partes review. 35 U.S.C. § 314 (b). The PTO may institute inter partes review only when it determines that “there is a reasonable likelihood that the petitioner would…