In a further development in an area where numerous district court judges have issued divergent opinions, a court in the Northern District of California granted a stay pending inter partes review (IPR) of the asserted patent claims, even though defendants Google, Inc. and YouTube, LLC were not the petitioners in the IPRs. Personal Web Techs., LLC v. Google, Inc. et al., 5:13-CV-01317-EJD, Dkt. 303-3 (N.D. Cal. Aug. 20, 2014) (J. Davila). While stays pending IPRs are being granted in a high percentage of cases, such stays frequently prevent a petitioner (or real party in interest of the petitioner) from later raising any arguments that it raised or could have raised before the PTAB under the estoppel provisions of 35 U.S.C. § 315(e)(2).
