Defendants In Default: Motions For Default Judgment Must Demonstrate Infringement

Order Staying Case In Part And Denying Motion For Default Judgement Without Prejudice. e. Digital Corp. v. Ivideon LLC, et al. Case No. 15-cv-00691-JST (Judge Jon S. Tigar)

In a recent opinion, Judge Jon Tigar sua sponte stayed the vast majority of a patent infringement case pending the outcome of inter partes review proceedings, and also denied a motion for default judgment that was predicated upon the Defendants' alleged infringement of two claims not subject to the ongoing proceedings before the Patent Trial and Appeal Board ("PTAB"). The opinion underscores that plaintiffs do not get a "free pass" in proving infringement, but rather must fully establish the predicate bases of a patent claim, even where a defendant has failed to make an appearance.