Takeaway:  If a petitioner requests authorization for leave to file a motion to stay a pending ex parte reissue proceeding before the inter partes review is instituted, the Board will likely deny the request as premature.

In its Order, the Board determined that a stay of ex parte reissue proceedings was not warranted at this time. The patent-at-issue in the inter partes review proceedings is also currently the subject of three ex parte reissue proceedings. Petitioner sought authorization to file a motion to stay the ex parte reissue proceedings, and Patent Owner opposed.

The Board found that the stay is not warranted at this time. The Board had not yet decided whether to institute an inter partes review in the instant proceedings, therefore, it would be premature to consider whether to stay the ex parte reissue proceedings. The Board denied Petitioner’s request without prejudice for Petitioner to renew its request upon a determination to institute trial.

AllSteel Inc. v. Dirtt Environmental Solutions, Ltd., IPR2015-01690; IPR2015-01691
Paper 8: Order on Conduct of the Proceeding
Dated: November 9, 2015
Patent: 8,024,901 B2
Before: Sally C. Medley, Scott A. Daniels, and Jacqueline T. Harlow
Written by: Medley
Related Proceedings: Ex parte reissue proceedings 14/032,931; 14/305,819; 14/681,874