Takeaway: The Board declined to authorize a motion to stay a proceeding while awaiting a Federal Circuit decision in a related CBM proceeding, because no compelling reason was provided.
In its Order, the Board denied Petitioner’s request to file a motion to stay the proceeding pending appeal to the Federal Circuit of the final decision in CBM2013-00014, which involves the same patent. The one-year period for rendering a final determination in this proceeding expires on March 25, 2015. Although the period can be extended by up to a six additional month for good cause, Petitioner recognized that a six-month extension may not be long enough for the Federal Circuit to render its decision.
The Board determined that this proceeding is in its final stages, with the last remaining substantive step, being the oral argument scheduled for October 28, 2014. Patent Owner had waived oral argument, so the Board determined that Petitioner could save cost by waiving oral argument. Thus, the Board found no compelling argument for a stay, because no significant time or cost would be saved.
Regions Fin. Corp. v. Retirement Capital Access Mgmt Co. LLC, CBM2014-00012
Paper 26: Order on Conduct of the Proceeding
Dated: September 22, 2014
Before: Glenn J. Perry, Thomas L. Giannetti, and Trenton A. Ward
Written by: Giannetti
Related Proceedings: CBM2013-00014