Achates v. Symantec, 2:11cv294 (5/31/13)
Judge: Roy Payne
Holding: Plaintiff's Motion to Stay Pending Inter Partes Review GRANTED
Plaintiff filed a motion to stay the trial court proceedings during the pending inter partes review. Judge Payne was persuaded to grant the motion, but the precise terms of the stipulation by defendant Apple that did the persuading are worth noting. Apple agreed that if the case were stayed until the PTO issues an appealable decision (not until any appeals of the PTO decision are final) it "will not contest the validity of any claim determined by the PTO to be patentable on any ground that Apple raised or could have raised in the IPR proceeding." So the stay is subject to being lifted as soon as the PTO rules, with the case then proceeding minus any invalidity challenges Apple raised or could have raised before the PTO.