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Message: e.Digital Corporation v. Micron - REPLY to Response to Motion

sman ...

“Absent a statutory directive, the grant or denial of a stay is within the sound discretion of the district court….Prior to the AIA, a court could proceed with litigation even if the patents in- suit were in reexamination. To decide a motion to stay, courts typically considered 1) the simplification of issues,2)
the status of the proceedings, and 3) prejudice to the nonmoving party. The district courts applied these factors
with varied results.
In the short period after the effective date of the AIA, district courts have continued to apply these factors.”
Hon. Marilyn L. Huff and Luiz Arroyo, “A District Judge’s Perspective of Patent Case Management and the America Invents Act,” AIPLA Spring Meeting, May 1, 2013. Citations omitted

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