No Do-Overs: Voluntary Dismissal Does Not Reset Deadline for Stay

ASCENDIS PHARMA A/S v. BIOMARIN PHARMACEUTICAL INC. - Before Lourie, Chen, and Stoll. Appeal from the United States District Court for the Northern District of California. A respondent in an ITC proceeding may not seek a mandatory stay of their refiled declaratory judgment action in a district court action involving the same parties after they had previously filed a declaratory judgment action and failed to meet the deadline to seek a stay under 28 U.S.C. § 1659(a)(2).... By: Knobbe Martens