Renewed Motion to Stay Pending Inter Partes Review

On June 2, 2017, The District Court for the Northern District of Illinois granted Defendants’, Carefusion Corporation and Becton, Dickinson and Company, renewed motion to stay pending inter partes review because the potential simplification of issues, lack of undue prejudice, and stage of the proceedings all favored a stay. The Court wrote that if the PTAB invalidates even just some of the claims, those issues will be removed from the case entirely and simplify the matter. The Court rejected the argument asserted by Plaintiff, Baxter International, Inc., that it would suffer prejudice because the parties are direct competitors. The patents-at-issue are U.S. Patent Nos. 5,764,034 and 6,321,560 entitled “Battery Gauge for a Battery Operated Infusion Pump” and “Method and Apparatus for Automatically Controlling the Level of Medication” respectively. The case is captioned Baxter International, Inc. v. Carefusion Corporation et. al, Civ. No. 15-cv-09986, (N.D. Ill. Filed Nov. 5, 2015).

By: Nicholas D. Marcello