The district court had previously granted a stay pending an inter partes reexamination by the United States Patent and Trademark Office (“PTO”) of U.S. Patent No. 6,797,454 (the “‘454 patent”). After the PTO affirmed the validity of claims 2-6, 15, and 16 of the ‘454 patent, the Federal Circuit unanimously affirmed the PTO’s decision.
Although a reexamination certificate had not yet been issued, the plaintiff argued that the stay should be lifted and further argued that the certificate had not yet been issued only because the defendant had filed a petition for certiorari with the United States Supreme Court. The plaintiff argued that given the extreme unlikelihood that the United States Supreme Court would grant certiorari in this matter, particularly in light of the Federal Circuit’s summary affirmance of the PTO’s decision, the stay be lifted now.