Can the USPTO suspend an inter partes reexamination due to ongoing litigation?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, the USPTO can suspend an inter partes reexamination due to ongoing litigation, but this is rare. The key points are:

• The Director has authority to suspend for “good cause” under 35 U.S.C. 314(c).
• Suspension is considered on a case-by-case basis.
• The potential for termination under 35 U.S.C. 317(b) may provide “good cause” for suspension.

The MPEP states: A grant of a petition to suspend an inter partes reexamination proceeding pending potential termination due to litigation is extremely rare, due to the difficulty in determining the probability that the district court will, or will not, be reversed on appeal, or when the litigation might finally be concluded, after all appeals.