In a patent infringement litigation in the U.S. District Court for the Eastern District of Texas, Judge Rodney Gilstrap denied a joint motion to stay the litigation pending resolution of inter partes review when it was uncertain that all defendants would be bound by the statutory estoppel provision of 35 U.S.C. § 315(e).

Plaintiff sued two related corporate defendants alleging infringement of three patents. After the PTAB instituted IPR petitions filed by a third party challenging the patents-in-suit, defendants filed an opposed motion to stay pending resolution of those IPRs. The PTAB then instituted IPRs filed by one of the two defendants challenging the patents-in-suit, and plaintiff withdrew its opposition to the stay.

Although all parties stipulated to the motion to stay, the cour

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