`
`Trials@uspto.gov
`571-272-7822 Entered: March 10, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TRADESTATION GROUP, INC. and
`TRADESTATION SECURITIES, INC.,
`Petitioner,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`
`Case CBM2015-00161
`Patent No. 6,766,304 B2
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`
`
`DECISON
`Denying Request for Authorization to File a
`Motion to Stay CBM Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`On March 7, 2016, a conference call was held between counsel for
`TradeStation Group, Inc. and TradeStation Securities, Inc. (collectively,
`“Petitioner”), counsel for Trading Technologies International, Inc. (“Patent
`
`
`
`CBM2015-00161
`Patent 6,766,304 B2
`
`Owner”), and Judges Medley, Petravick, and Plenzler. 1 Prior to the call,
`Patent Owner indicated via email that it would request that the Board set a
`briefing schedule for a motion to stay. We consider Patent Owner’s request
`to be a request for authorization to file a motion to stay. See 37 C.F.R. §
`42.20(b) (requiring authorization prior to filing a motion). Petitioner
`opposes the request.
`Patent Owner requests authorization to file a motion to stay this
`proceeding until the U.S. Court of Appeals for the Federal Circuit decides an
`appeal of a decision of a district court, determining that the claims of U.S.
`Patent No. 6,766,304 B2 are patent eligible under 35 U.S.C. § 101. Patent
`Owner estimates that the Federal Circuit will enter a decision on the appeal
`in January, 2017. The one-year period under 37 C.F.R. § 42.300(c) for
`rendering a final determination expires on January 27, 2017. See 35 U.S.C.
`§ 326 (11). A stay would not allow this proceeding to be completed within
`the one-year time period.
`For good cause, the one-year time period could be extended by up to
`six months. 37 C.F.R. § 42.300(c). Patent Owner has not established that it
`can show, sufficiently, that good cause exists to extend the time period.
`Even if Patent Owner could show good cause and assuming that Patent
`Owner’s time estimate is correct, the majority of the proceeding would have
`to be compressed into a six-month time period. Six-months would not be
`sufficient as, at this point in the proceeding, Patent Owner has yet to file its
`response to the Petition.
`
`
`1 Counsel for IBG LLC and Interactive Brokers LLC was present on the call
`because joinder of CBM2016-00035 and CBM2015-00161 was also
`discussed. IBG LLC and Interactive Brokers LLC are petitioner in
`CBM2016-00035.
`
`2
`
`
`
`CBM2015-00161
`Patent 6,766,304 B2
`
`The one-year time period may also be adjusted in the case of joinder.
`37 C.F.R. § 42.300(c); 35 U.S.C. § 326 (11). A motion seeking to join this
`proceeding is pending in CBM2016-00035. Patent Owner contends that the
`one-year time period may be extended beyond six months if the motion for
`joinder is granted. Joinder of CBM2016-00035 is not sufficient reason to
`stay this proceeding pending a decision of the Federal Circuit in the related
`appeal. Further, should the motion for joiner be granted, it should have
`minimal impact on the trial schedule in this proceeding.
`Oral argument, if requested by either party, is scheduled for October
`19, 2016 and after that time this proceeding will be ripe for a final decision
`by the Board. A final written decision in this proceeding, thus, may be
`entered in this proceeding months prior to the date that Patent Owner
`estimates a decision by Federal Circuit in the related appeal. Rule 42.1(b)
`provides that the rules “shall be construed to secure the just, speedy, and
`inexpensive resolution of every proceeding.” 37 C.F.R. § 42.1(b) (emphasis
`added). Under the circumstances of this proceeding, a stay for
`approximately nine-months, until January 2017, would be contrary to our
`Rule.
`
` Accordingly, it is:
`ORDERED that Patent Owner is not authorized to file a motion to
`
`stay.
`
`
`
`
`
`
`
`
`3
`
`
`
`CBM2015-00161
`Patent 6,766,304 B2
`
`PETITIONER:
`John C. Phillips
`Kevin Su
`FISH & RICHARDON, P.C.
`Phillips@fr.com
`CBM41919-0005CP1@fr.com
`
`PATENT OWNER:
`Erika H. Arner
`Joshua L. Goldberg
`Kevin D. Rodkey
`Rachel L. Emsley
`FINNEGAN, HENDERSON, FARABOW,
`GARRET & DUNNER, LLP
`erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`kevin.rodkey@finnegan.com
`rache.emsley@finnegan.com
`
`Steven F. Borsand
`TRADING TECHNOLOGIES INTERNATIONAL, INC.
`tt-patent-cbm@tradingtechnologies.com
`
`
`
`
`
`4
`
`
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