Segin v. Stewart Title Guaranty (Federal Circuit)
The America Invents Act creates a post-grant review mechanism at the Patent & Trademark Office for certain Covered Business Method (“CBM”) patents. The Act also provides a stay provision, by which a court may stay claims pending the CBM proceeding. Here, Segin asserts both a patent claim as well as a breach of contract claim. The defendant ultimately brought a CBM proceeding. After the district court stayed the entire lawsuit, we filed an interlocutory appeal with the Federal Circuit, asserting that the court erred in issuing a stay that also encompassed the contract claim, as that claim is unrelated to the pending CBM proceeding. The case remains pending.