Finjan, Inc. v. Symantec Corp.

ORDER GRANTING MOTION TO STAY

On August 20, 2015, Defendant Syman-tec Corp. filed a motion to stay the case *1034 pending completion of inter partes review' (“IPR”) proceedings. Dkt. 108 (“Mot”). The Court has carefully considered the parties’ arguments, both in their submissions to the Court and during the hearing on October 1, 2015. For the reasons discussed below, the Court GRANTS Syman-tec’s Motion to Stay.

I. BACKGROUND

A. The America Invents Act

By enacting the Leahy-Smith Anierica Invents Act (“AIA”), Congress sought to “establish a more efficient and streamlined patent system that will improve patent quality and limit unnecessary and' counterproductive litigation costs” and “to create a timely, cost-effective alternative to litigation.” 77 Fed. Reg. 48,680 -01 (Aug. 14, 2014) (tobe codified at 37 C.F.R. § 42.100 et seq). To that end, AIA created the IPR procedure, by which the Patent and Trademark Office’s (“PTO”) Patent Trial and Appeal Board (“PTAB”) may review the patentability of one or more claims in a patent. See 35 U.S.C. §§ 311-319 . IPR replaces the previous inter partes reexamination procedure and converts the process from an examinational to an adjudicative…