Stay Before Institution Decision Would be Premature

In Chicago Mercantile Exchange, Inc. v. 5th Market, Inc., CBM2014-00114, Paper 4, April 15, 2014), petitioner sought a stay of co-opending inter partes reexamination, in view of the covered business method review that it filed.   The Board denied the stay as premature because it had yet to determine whether to institute a covered business method patent review of the patent.  The Board indicated that petitioer could renew its motion if a covered business method patent review is instituted.

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About Bryan Wheelock

Education J.D., Washington University in St. Louis B.S.E. in Mechanical Engineering, Duke University Bryan Wheelock's practice includes preparation and prosecution of patent and trademark applications and drafting of intellectual property agreements, including non-compete agreements. He has brought and defended lawsuits in federal and state courts relating to intellectual property and has participated in seizures of counterfeit and infringing goods. Bryan prepares and prosecutes U.S. and foreign patent applications for medical devices, mechanical and electromechanical devices, manufacturing machinery and processes, metal alloys and other materials. He also does a substantial amount of patentability searching, trademark availability searching and patent and trademark infringement studies. In addition to his practice at Harness Dickey, Bryan is an Adjunct Professor at Washington University School of Law and Washington University School of Engineering.