Ethicon, Inc. v. Donald J. Quigg, Commissioner of Patents & Trademarks and the United States Patent & Trademark Office

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that nothing in the text or legislative history of the reexamination statute supports a finding that one of the purposes of reexamination was to avoid duplication of efforts by the PTO and courts
• holding the Board may not indefinitely stay an ex parte reexamination in light of parallel district court litigation Case: 22-1482 Document: 58 Page: 12 Filed: 11/21/2023 12 PURDUE PHARMA L.P. v. COLLEGIUM PHARMACEUTICAL, INC. via the “special dispatch” standard
• even if reexamination does not lead to claim amendment or cancellation, “it could still provide valuable analysis to the district court”
• Courts have inherent power to stay proceedings, “including the authority to order a stay pending conclusion of a PTO reexamination.”
• even if reexamination does not lead to claim amendment or cancellation, “it could still provide valuable analysis to the district court”
• “Courts have inherent power to manage their docket and stay proceedings . . . including the authority to order a stay pending conclusions of a PTO reexamination.”

Source: CourtListener parenthetical corpus (CC0).