Market-Alerts Pty. Ltd. v. Bloomberg Finance L.P.
922 F. Supp. 2d 486
| D. Del. | 2013Background
- Market-Alerts Pty. Ltd. sued multiple defendants in six actions for infringement of U.S. Patent No. 7,941,357 (the '357 Patent).
- Defendants filed a Petition for Post-Grant Review of the '357 Patent under 35 U.S.C. § 321 and § 18 of the AIA.
- A motion to stay the six actions pending CBM review was filed by the petitioning defendants and later joined by additional defendants.
- The court intends to stay all six actions pending resolution of the CBM review.
- The '357 Patent is titled 'Trading System' and claims a method of informing users of stock market events with real-time data, user-defined watch data, real-time analysis, and remote notification.
- The court discusses the four-factor stay test under § 18(b)(1), including issue simplification, stage of litigation, undue prejudice, and burden of litigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a stay is appropriate under § 18(b)(1)(A). | Market-Alerts contends stay does not simplify issues due to potential remaining infringement issues. | Petitioners argue CBM review will streamline issues and reduce litigation burden. | Stay granted; issue simplification weighs in favor. |
| Whether the petition for CBM review will be granted. | Market-Alerts contends the technological invention exception may exclude CBM review and limit grant. | Petitioners contend the '357 Patent likely falls within CBM scope and will be granted. | Petition likely to be granted. |
| Whether the petition, if granted, will succeed on the merits. | Market-Alerts challenges use of Wayback Machine as prior art and other invalidity grounds. | Petitioners rely on printed prior art and other references to anticipate invalidating or amending claims. | There is at least a reasonable chance of invalidation or amendment. |
| Whether the stage of litigation favors a stay. | Litigation is in early stages; staying may delay resolution. | Early stage favors efficiency and potential settlement with confidence from PTO review. | Early stage favors a stay. |
Key Cases Cited
- Bechtel Corp. v. Laborers' Int'l Union, 544 F.2d 1207 (3d Cir. 1976) (courts may stay to conserve resources and promote efficiency)
- Landis v. North American Co., 299 U.S. 248 (U.S. 1936) (broad authority to control docket to promote economy and efficiency)