Tag: Mandatory Stay
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Ascendis v. BioMarin: Federal Circuit Rejects Procedural Reset of Section 1659 Stay Deadline
There is a quiet but persistent tension in patent litigation involving the ITC: the statute promises efficiency, but the structure invites gamesmanship. Section 1659 is supposed to prevent duplicative litigation by forcing district courts to stand down when the same issues are being litigated at the ITC. But that protection is not automatic—it must be…