United States Code/Title 35/Chapter 31/Section 318

by the United States Government

Section 318. Stay of litigation

Once an order for inter partes reexamination of a patent has been issued under section 313, the patent owner may obtain a stay of any pending litigation which involves an issue of patentability of any claims of the patent which are the subject of the inter partes reexamination order, unless the court before which such litigation is pending determines that a stay would not serve the interests of justice.

Source

(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-570; amended Pub. L. 107-273, div. C, title III, Sec. 13202(c)(1), Nov. 2, 2002, 116 Stat. 1902.)

Amendments

2002

Pub. L. 107-273 made technical correction to directory language of Pub. L. 106-113, which enacted this section.