35 USC 318
Stay of litigation

Executive summary:

This document contains one section of the U.S. Patent Act (found in Title 35 of the United States Code). This page was last updated in November 2005. All of the sections of the Patent Act are listed on the Index page. A Word Index is also available to the Patent Act.

For more information on patent law, please see the Patent or Software Patent Sections of BitLaw.

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§318. Stay of litigation

Once an order for inter partes reexamination of a patent has been issued under section 313 [35 USC 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.

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