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35 U.S.C. 318 (pre‑AIA) Stay of litigation.

[Editor Note: Applicable only to a request for inter partes reexamination filed prior to September 16, 2012.]

Once an order for inter partes reexamination of a patent has been issued under section 313 , 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.

(Added Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-570 (S. 1948 sec. 4604(a)).)

CHAPTER CHAPTER 32 - POST-GRANT REVIEW

  • 321 (note) Post-grant review applicability.
  • 321 Post-grant review.
  • 322 Petitions.
  • 323 Preliminary response to petition.
  • 324 Institution of post-grant review.
  • 325 Relation to other proceedings or actions.
  • 326 Conduct of post-grant review.
  • 327 Settlement.
  • 328 Decision of the Board.
  • 329 Appeal.