`Tel: 571-272-7822
`
`Paper 37
`Entered: April 8, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`IBG LLC, INTERACTIVE BROKERS LLC,
`TRADESTATION GROUP, INC., TRADESTATION SECURITIES, INC.,
`TRADESTATION TECHNOLOGIES, INC., and
`IBFX, INC.,
`Petitioner,
`
`v.
`
`TRADING TECHNOLOGIES INTERNATIONAL, INC.,
`Patent Owner.
`____________
`
`CBM2015-00179
`Patent No. 7,533,056 B2
`_______________
`
`
`Before SALLY C. MEDLEY and MEREDITH C. PETRAVICK,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`CBM2015-00179
`Patent 7,533,056 B2
`
`
`
`On March 25, 2016, Patent Owner filed an unopposed Motion to Stay
`
`Reexamination Control Number 90/013,578 (“the Reexamination”), a
`
`pending reexamination proceeding of the involved patent here, U.S. Patent
`
`No. 7,533,056 B2 (“the ’056 patent”). Paper 32 (“Motion” or “Mot.”).
`
`Patent Owner contacted Board personnel on April 6, 2016, requesting that its
`
`Motion be withdrawn from consideration, later explaining on April 7, 2016
`
`that it decided to file an amendment in the Reexamination. On
`
`April 7, 2016, Petitioner contacted Board personnel requesting us to
`
`consider the Motion, or alternatively, to treat the Motion as Petitioner’s
`
`motion, allowing Patent Owner to oppose and Petitioner to reply.
`
`ANALYSIS
`
`
`
`Under 35 U.S.C. § 325(d) and 37 C.F.R. § 42.222(a), the Board,
`
`“during the pendency of any post-grant review,” may provide for the “stay,
`
`transfer, consolidation, or termination” of any other proceeding or matter
`
`before the Office that involves the same patent. 35 U.S.C. § 325(d);
`
`37 C.F.R. § 42.222(a).
`
`
`
`Reexaminations are handled with special dispatch. Staying a
`
`reexamination would undermine that goal. Nonetheless, the Board has
`
`stayed proceedings where a party meets its burden to show under 37 C.F.R.
`
`§ 42.20(c) that a stay is warranted in a particular situation. See, e.g., Google
`
`Inc. v. Summit 6 LLC, IPR2015-00806 (PTAB Oct. 7, 2015).
`
`Here, Patent Owner no longer seeks a stay of the Reexamination,
`
`presumably because it has made a decision to file an amendment in the
`
`Reexamination. Petitioner does not provide a sufficient basis for us to
`
`disregard Patent Owner’s request. Accordingly, we withdraw the Motion
`
`from consideration.
`
` 2
`
`
`
`
`
`
`
`CBM2015-00179
`Patent 7,533,056 B2
`
`
`Petitioner requests that if we withdraw the Motion from consideration,
`
`we nonetheless consider the Motion as if Petitioner filed the Motion. We
`
`decline to do so because Petitioner as movant would need to show that it is
`
`entitled to the relief requested per 37 C.F.R. § 42.20(c) despite Patent
`
`Owner’s desire to concurrently amend its claims in the Reexamination. In
`
`any event, if Petitioner choses to do so, it may file a motion to stay the
`
`Reexamination. Patent Owner will have opportunity to oppose any such
`
`motion.
`
`Upon consideration of the record, Patent Owner’s request to withdraw
`
`the Motion is granted. Petitioner is authorized to file a motion to stay the
`
`Reexamination and Patent Owner is authorized to file an opposition. No
`
`reply is authorized at this time.
`
`Accordingly, it is:
`
`ORDER
`
`ORDERED that Patent Owner’s request to withdraw its Motion to
`
`
`
`
`
`Stay Reexamination Control No. 90/013,578 is granted such that the Motion
`
`is withdrawn from further consideration;
`
`FURTHER ORDERED that Petitioner is authorized to file, no later
`
`than April 15, 2016, a motion to stay Reexamination Control No.
`
`90/013,578; and
`
`FURTHER ORDERED that Patent Owner is authorized to file, no
`
`later than April 22, 2016, an opposition to Petitioner’s motion to stay.
`
` 3
`
`
`
`
`
`
`
`
`
`CBM2015-00179
`Patent 7,533,056 B2
`
`
`
`PETITIONER:
`
`Robert Sokohl
`Rsokohl-ptab@skgf.com
`
`Lori Gordon
`Lgordon-ptab@skgf.com
`
`Jonathan Strang
`Jstrang-ptab@skgf.com
`
`Richard Bemben
`Rbemben-ptab@skgf.com
`
`
`PATENT OWNER:
`
`Erika Arner
`Erika.arner@finnegan.com
`
`Joshua Goldberg
`Joshua.goldberg@finnegna.com
`
`Kevin Rodkey
`Kevin.rodkey@finnegan.com
`
`Rachel Emsley
`Rachel.emsley@finnegan.com
`
`Steven Borsand
`tt-patent-cbm@tradingtechnologies.com
`
`
`
` 4
`
`
`
`
`
`
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