Court Grants Stay Pending Resolution of Federal Circuit Appeal of PTAB’s Re-examination Decision

September 27, 2017 – On June 26, 2017, Plaintiff Puget Bioventures, LLC sued Medical Device Business Services, Inc. for infringement of U.S. Patent No. 7,967,822, entitled “Methods and Apparatus for Orthopedic Implants. Defendant moved to stay proceedings pending the Federal Circuit’s resolution of its appeal of the PTAB’s decision to reverse an examiner’s rejection of certain claims of the ’822 patent during a re-examination proceeding.
Magistrate Judge Michael G. Gotsch granted in part Defendant’s motion to stay, finding minimized prejudicial effects on Plaintiff, the stay would help the Court to avoid inconsistent legal rulings, and a reduced burden of litigation on the Parties and the Court. Nonetheless, Parties were ordered to conduct discovery to the extent that efforts overlap with a parallel infringement case of a related patent.

The case is captioned Puget BioVentures, LLC v. DePuy Orthopaedics, Inc., INND-3-17-cv-00503, in the United States District Court for the Northern District of Indiana, South Bend Division.

By: Joyce L. Nadipuram