Motion to stay pending IPR petition denied

June 30, 2015 – The District of Delaware denied without prejudice declaratory judgment defendant Neurovision Medical’s motion to stay until the PTO decides whether to institute a petition for inter partes review, which was filed by declaratory judgment plaintiff NuVasive.  The Court reasoned “even if the PTO ultimately institutes the IPR proceeding, and Defendant then renews its motion to stay thereafter, having proceeded forward with initial discovery in the meantime will not unduly prejudice Defendant or be unduly harmful to the efficient management of these proceedings,” denial of the motion would allow for additional clarity in the record from receiving the PTO’s decision, and Chief Judge Stark’s recently issued “Revised Procedures for Managing Patent Cases” expresses the Court’s preference that “cases filed by a plaintiff should move forward―even in the face of early-filed motions that have yet to be fully resolved.”

The case is captioned NuVasive, Inc. v. Neurovision Medical Products, Inc., 15-CV-286-LPS-CJB.  The patents-at-issue are U.S. Patent Nos. 8,467,844 and 8,634894 both titled, “Electrode for Prolonged Monitoring of Laryngeal Electromyography.”

By:  Christopher J. Stankus

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