RESOLVED, that IPO supports, in principle, legislation staying discovery during the pendency of motions to transfer under 1404(a) of title 28 in accordance with the following language:
In an action for patent infringement under section 271 or an action for a declaratory judgment that a patent is invalid or not infringed, if a defendant moves to transfer the action under 1404(a) of title 28 on or before the date by which the defendant must, under Federal Rule of Civil Procedure 12, answer or otherwise respond to the complaint, then as between the plaintiff and the part(ies) filing the motion to transfer:
(A) Until resolution of the transfer motion, absent an agreement from the parties otherwise:
(i) no substantive motion may be decided except (a) motions for injunctive relief, and (b) case-dispositive motions; and
(ii) discovery must be stayed, except such discovery that the court in its discretion determines necessary to decide the transfer motion or motions for injunctive relief.
(B) EXCHANGE OF CONTENTIONS – Nothing in this section shall prohibit a court from ordering, or local rules from requiring, the exchange of contentions regarding infringement, non-infringement, invalidity, or other issues, by interrogatories or other written initial disclosures, at an appropriate time determined by the court.
