Stay Before Institution Decision Would be Premature

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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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