On April 26, 2021, Unified, along with The Computer & Communications Industry Association (CCIA) and CableLabs, filed an amicus brief in re Vulcan Industrial Holdings, a petition for mandamus of a denial of a stay by Judge Albright in light of an instituted PGR (PGR2020-00065). In the brief, amicus argued Judge Albright has clearly abused his discretion by openly adopting a rule against stays that "smacks of prejudgment." Here, Vulcan diligently filed a PGR two and a half months after the patent grant and just one and a half months after the complaint was filed, but the Court found even that aggressively early filing was dilatory, ignored the certain simplification of issues that the USPTO instituted on all claims, and applied an erroneous legal test despite clear guidance from the Federal Circuit and myriad district court rulings.
A copy of Unified’s amicus brief is provided below.