Judge Albright Clarifies Approach to Contested Motions to Stay Pending an Instituted IPR

  • November 4, 2022
  • Category: Patent Litigation Feature
    Market Sector: Financial Services

mCom IP, LLC has continued to add defendants to its “unified banking systems” campaign, suing Cullen/Frost Bankers (6:22-cv-001148), Goldman Sachs (4:22-cv-03821), and HM Treasury (Citizens Bank) (3:22-cv-02447) so far in November after hitting American Express (6:22-cv-01134) and Citibank (3:22-cv-02398) at the end of October. These new cases bring above three dozen the number of defendants sued in this campaign, not all of which are banks. Among them is Cisco, targeted over its “Digital Banking Solution”, which this summer brought to a magistrate judge’s attention a decision by District Judge Alan D. Albright granting a stay pending the resolution of an inter partes review (IPR) in a case in a separate campaign. The company sought to convince the magistrate that this other order acted to “clarify the practice” in the Western District of Texas for stays pending instituted IPR proceedings—i.e., that the bar to such a stay is not as high as might be generally perceived. A couple of weeks ago, Judge Albright, having taken over the Cisco case after the magistrate’s recusal, denied the motion to stay.

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