Re: Post Markman IPR Filing Displeases Court
in response to
by
posted on
Jan 11, 2016 01:05PM
"The Court is concerned that allowing the progress of its docket to depend on the status of proceedings elsewhere can interfere with its obligation “to secure the just, speedy, and inexpensive determination of every action.” Fed. R. Civ. P. 1. “If litigation were stayed every time a claim in suit undergoes reexamination, federal infringement actions would be dogged by fits and starts. Federal court calendars should not be hijacked in this manner.” Comcast Cable Commc’ns Corp., LLC v. Finisar Corp., No. C 06-04206 WHA, 2007 WL 1052883, at *1 (N.D. Cal. Apr. 5, 2007)."
And the great legislative wisdom of it all comes from where?....lol
amazing
Intellectual property is slowly becoming a big nothing...with the current mix of authority.
Someone has to draw a definitive line somewhere...
Hint, it starts with the initial granting authority. Where the PTAB should weigh in prior to any patent publication, inviting opposing view points from the public if they have a concern of proposed IP publication. If they do not oppose in any way, shape or, form...the patent is published ...period.
The legal profession grows at light speed while the USPTO stands still.
doni