`Trials@uspto.gov
`Tel: 571-272-7822
`
`
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`
`
`
` Paper 6
`
` Entered: June 3, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MASTERCARD INTERNATIONAL INCORPORATED
`
`Petitioner
`
`v.
`
`JOHN D’AGOSTINO
`Patent Owner
`____________
`
`Case IPR2014-00543
`Patent 8,036,988
`_______________
`
`
`Before SALLY C. MEDLEY, KARL D. EASTHOM, and
`KALYAN K. DESHPANDE, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2014-00543
`Patent 8,036,988
`
`
`On May 30, 2014, a conference call was held between counsel for the
`respective parties and Judges Medley, Easthom, and Deshpande. The involved
`patent in this proceeding is concurrently involved in an ex parte reexamination
`proceeding 90/012,517. The purpose of the conference call was for Patent Owner
`to seek authorization to file a motion to stay the ex parte reexamination. The
`request to file the motion was unopposed.
`The Board considered the arguments made by the Patent Owner during the
`conference call, but determined that, based on the facts of this case, a stay of the ex
`parte reexamination proceeding is not warranted. As noted by the Board during
`the conference call, the Board has not decided whether to institute an inter partes
`review in the instant proceeding. At such a preliminary stage, it is premature to
`decide whether to stay the ex parte reexamination. Should the Board decide not to
`institute an inter partes review, any request to stay the ex parte reexamination
`would become moot. For the foregoing reasons, Patent Owner’s request to file a
`motion to stay the ex parte reexamination is denied.
`
`
`Order
`
`It is
`ORDERED that Patent Owner’s request to file a motion to stay ex parte
`reexamination 90/012,517 is denied.
`
`
`
`
`
`
`
`2
`
`
`
`IPR2014-00543
`Patent 8,036,988
`
`PETITIONER:
`
`Robert Scheinfeld
`Eliot Williams
`BAKER BOTTS LLP
`robert.scheinfeld@bakerbotts.com
`eliot.williams@bakerbotts.com
`
`PATENT OWNER:
`
`Stephen J. Lewellyn
`Brittany J. Maxey
`MAXEY LAW OFFICES, PLLC
`s.lewellyn@maxeyiplaw.com
`b.maxey@maxeyiplaw.com
`
`
`
`
`3
`
`
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