§ 318. — Stay of litigation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC318]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
Sec. 318. Stay of litigation
Once an order for inter partes reexamination of a patent has been
issued under section 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.
(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4604(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-570; amended Pub. L.
107-273, div. C, title III, Sec. 13202(c)(1), Nov. 2, 2002, 116 Stat.
1902.)
Amendments
2002--Pub. L. 107-273 made technical correction to directory
language of Pub. L. 106-113, which enacted this section.
