"The Federal Circuit on November 3, 2025 denied a mandamus petition from Aylo Holdings (Pornhub's parent company) seeking to compel the Eastern District of Texas to stay patent litigation pending completion of an ex parte reexamination (EPR). In re Aylo Holdings S.à r.l., No. 26-103 (Fed. Cir. Nov. 3, 2025). The decision is noteworthy not for breaking new ground, but for what it signals about institutional deference in an era of declining stay rates and evolving post-grant practice."
"WellcomeMat LLC sued Aylo in 2023 for infringing U.S. Patent No. 8,307,286, which covers a system for applying chapters to online videos. The PTAB cancelled several of the claims via IPR. Aylo then requested ex parte reexamination of these surviving claims. On August 22, 2025, the USPTO issued a final office action rejecting all eight remaining asserted claims. Aylo immediately moved to stay the litigation pending completion of the EPR."
Federal Circuit denied Aylo's mandamus petition seeking to compel the Eastern District of Texas to stay litigation pending ex parte reexamination of asserted claims. WellcomeMat sued Aylo in 2023 for infringing U.S. Patent No. 8,307,286; the PTAB cancelled several claims via IPR and Aylo pursued EPR for surviving claims. On August 22, 2025 the USPTO issued a final office action rejecting the eight remaining asserted claims. The district court denied Aylo's stay motion; the Federal Circuit refused mandamus, citing trial proximity, substantial investments by court and parties, and that ex parte reexamination proceedings were not yet final. A final rejection in reexamination remains subject to further PTAB or office action.
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