United States Federal Circuit

Plaintiff brought suit against defendants, alleging infringement of five patents, and defendants moved to stay the action on grounds that they intended to file petitions seeking covered business method reviews (CBMR) with respect to some of the patents in suit. After two CBMR petitions were filed by defendants but before the Patent Trial and Appeal Board (PTAB) acted on them, the district court denied defendants' motion to stay. Defendants seek interlocutory review of that ruling. This appeal is dismissed for lack of jurisdiction, where this court does not have jurisdiction under section 18(b)(2) of the America Invents Act to consider an interlocutory appeal from a decision on a motion to stay until the PTAB institutes a CBMR proceeding.

Appellate Information

• Decided 04/01/2015
• Published 04/01/2015

Judges

• O'Malley

Court

• United States Federal Circuit

Counsel