`Tel: 571-272-7822
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` Paper 26
`Entered: September 22, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`REGIONS FINANCIAL CORPORATION, ADVANCE AMERICA, CASH
`ADVANCE CENTERS, INC., and CNU ONLINE HOLDINGS, LLC
`F/K/A CASH AMERICA NET HOLDINGS, LLC
`Petitioners
`
`v.
`
`RETIREMENT CAPITAL ACCESS MANAGEMENT COMPANY LLC
`Patent Owner
`_______________
`
`Case CBM2014-00012
`Patent 6,625,582
`_______________
`
`
`Before GLENN J. PERRY, THOMAS L. GIANNETTI, and
`TRENTON A. WARD, Administrative Patent Judges.
`
`GIANNETTI, Administrative Patent Judge.
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`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
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`CBM2014-00012
`Patent 6,625,582
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`A conference call was held on September 19, 2014, attended by the above-
`identified panel members and respective counsel for the parties. The call was
`jointly requested by the Petitioners and Patent Owner. The purpose of the call was
`for Petitioners to seek authorization to file a motion to stay this proceeding pending
`appeal to the Federal Circuit of the final decision in CBM2013-00014. That
`proceeding involves the same patent (US Patent 6,652,582) as this proceeding. For
`the reasons that follow, the Board denies the request.
`Petitioners request authorization to file a request to stay this proceeding until
`the Federal Circuit decides the appeal of the Board’s final decision in CBM2013-
`00014. Currently, the one-year period under 37 C.F.R. § 42.200(c) for rendering a
`final determination expires on March 25, 2015. For good cause, that period could
`be extended by up to six months. Id. Petitioners recognize even with the six-
`month extension, the period may not be long enough for the Federal Circuit to
`render a decision on the appeal. Thus, Petitioners intend to argue that under this
`rule, the period can be extended further beyond eighteen months.
`Patent Owner has agreed not to oppose the stay.
`This proceeding is in the final stages. Briefing on the merits is complete.
`Oral argument, requested by Petitioners only, is scheduled for October 28, 2014.
`Patent Owner has waived oral argument. If costs are a concern, Petitioners may
`withdraw its oral argument request and the case will be decided on the submitted
`papers.
`Under the circumstances, we see no compelling argument for a stay. No
`significant time or cost would be saved by the parties if the proceeding goes
`forward, even if the Federal Circuit were to reverse the final decision in
`CBM2013-00014.
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`CBM2014-00012
`Patent 6,625,582
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`Accordingly, it is therefore
`ORDERED that Petitioners’ request for authorization to file a motion to stay
`is denied.
`
`For Petitioners:
`John Caracappa
`Harold Fox
`Gretchen Miller
`William Barrow
`STEPTOE & JOHNSON LLP
`jcaracappa@steptoe.com
`hfox@steptoe.com
`gmiller@steptoe.com
`wbarrow@steptoe.com
`
`Christopher J. Chan
`Mia K. Fiedler
`SUTHERLAND ASBILL & BRENNAN LLP
`chris.chan@sutherland.com
`mia.fiedler@sutherland.com
`
`Mark T. Deming
`Robyn Ast-Gmoser
`POLSINELLI PC
`mdeming@polsinelli.com
`rast@polsinelli.com
`
`For Patent Owner:
`
`Casey Griffith
`Shital Desai
`KLEMCHUK KUBASTA LLP
`casey.griffith@kk-llp.com
`sita.desai@kk-llp.com
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