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CAFC’s VirtualAgility verdict suggests stays pending CBM review should be granted

Michael Loney, New York

In a keenly-anticipated decision, the Federal Circuit has ruled that the Eastern District of Texas was wrong not to stay infringement proceedings in VirtualAgility v Salesforce pending the conclusion of a covered business method (CBM) review at the Patent Trial and Appeal Board (PTAB)

The decision may provide some guidance for district courts and make stays pending the outcome of a CBM review easier to obtain, believe IP practitioners.

The America Invents Act requires district courts to consider four factors when deciding whether to...

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