Stay Pending Reexam Denied in ESN v. Cisco - Rumblings About Efficacy of Inter Partes Reexam
Peter Zura has a good post analyzing Judge Folsom's recent decision denying a motion to stay in the ESN v. Cisco litigation. He points out that Judge Folsom was not persuaded by the claims made about the relative merits (which I think means the same thing as "efficacy" which is a word I've been hoping to one day use, and well, I'm just living my dreamns here) of inter partes reexams, and noted that staying a case for what could well be a six year delay was not the direction he should go. What was interesting was the Court's authority - it said that "Mark Chandler, Cisco’s V.P. and General Counsel perhaps said it best when he noted in testimony before the Senate Subcommittee on Intellectual Property in a hearing on patent post-grant review, “The principle that justice delayed is justice denied applies with full force to the patent process.”
