To Stay Or Not To Stay During Inter Partes Review?

Recent data relating to the recently instituted inters partes review proceedings demonstrates that more than 70% of requests for stay of co-pending litigations have been granted. But what factors are courts looking at to determine when a stay is appropriate?

In deciding whether or not to grant a stay pending inter partes review, courts have looked at three significant factors, as outlined in Universal Elecs., Inc. v. Universal Remote Control, Inc. (Order Denying Defendant's Motion to Stay Pending Inter Partes Reviewat 4, No. SACV 12-00329 AG (C.D. Cal. May 2, 2013) ECF No. 78):

1. whether discovery is complete and whether a trial date has been set;
2. whether a stay will simplify the issues in question and trial of the case; and