What happens if a patent owner files a court action to enjoin the inter partes reexamination?
If a patent owner files a court action to enjoin the inter partes reexamination, the action does not automatically stay the reexamination proceedings. According to MPEP 2686.04:
“35 U.S.C. 318 provides that, once an order for inter partes reexamination has been issued, the patent owner may obtain a stay of any pending litigation which involves an issue of patentability of any claims of the patent which are the subject of the inter partes reexamination order, unless the court before which such litigation is pending determines that a stay would not serve the interests of justice.”
This means that while the patent owner can seek a stay of litigation, they cannot automatically stop the reexamination process. The court will decide whether to grant a stay based on the interests of justice.
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