Don’t Forget the Stay: Federal Circuit Addresses Timing Requirement Under 28 U.S.C. § 1659(a)

When a party is subject to parallel litigation before both the U.S. International Trade Commission (ITC) and a U.S. district court, it may be able to seek a mandatory stay. To obtain a mandatory stay in the district court, the same claims and issues must be involved in both actions, and the party must seek the stay within 30 days of being named as a respondent in the ITC proceeding or within 30 days of the district court action being filed, whichever is later. 28 U.S.C. § 1659(a).... By: Pillsbury Winthrop Shaw Pittman LLP