Thursday, November 20, 2014

CAFC reverses Judge Robinson of D. Del. in VERSATA case

Of note in the CAFC decision:

While we typically review district court decisions on
motions to stay for abuse of discretion, the AIA also
provides this court authority “to conduct more searching
review of decisions to stay pending CBM review.”
Benefit Funding Sys. LLC v. Advance Am. Cash Advance Ctrs.
Inc., 767 F.3d 1383, 1385 (Fed. Cir.2014);see also AIA §
18(b)(2) (providing that this court “shall review the
district court’s decision to ensure consistent application of
established precedent,and such review may be de novo”).
Even under the traditional abuse of discretion standard,
the district court’s order denying a stay pending the
PTAB’s review must be reversed.



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