By Memorandum Opinion entered by The Honorable Sue L. Robinson in Versata Software, Inc., et al. v. Callidus Software, Inc., Civil Action No. 12-931-SLR (D.Del., May 8, 2014), the Court denied defendant Callidus Software, Inc.’s motion to stay pending post-grant review of the patents-in-suit pursuant to the “covered business method” (“CBM”) patent review process provided for under the Leahy-Smith America Invents Act (“AIA”), § 18(a), 37 C.F.R. 42.300(a) with respect to two of the three patents-in-suit. In considering the motion, the Court recognized the legislative history of the CBM post-grant review process, the fact that Congress “place[d] a very heavy thumb on the scale in favor of a stay being granted,” and that the AIA “provides an immediate appeal of a denial of a stay by a district court to the United States Court of Appeals for the Federal Circuit.” Id. at 3-4. However, despite those things, the Court concluded that a complete stay, under the circumstances of the instant action, would not simplify the issues or reduce the burdens of litigation. Thus, the court denied the motion to stay as to the ‘024 and ‘304 patents and granted the stay as to the ‘326 patent.
A copy of the Memorandum Opinion is attached.