Section 18(b)(1) of the America Invents Act requires district courts to apply four factors when deciding motions to stay litigation pending covered business method review.[1] Litigants unhappy with a district court's application of those factors may take immediate interlocutory appeal to the Federal Circuit pursuant to AIA Section 18(b)(2). Below is a brief description of the Federal Circuit's Section 18(b) case law to date and one key question the Federal Circuit has not yet answered.
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Originally published by Law360 on January 15, 2015.
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