The district court issued a stay order in Benefit Funding Systems LLC v. Advance America Cash Advance Centers Inc. 14-1122 (9/26/2014) to allow the PTAB to conclude a Covered Business Method Review before resuming litigation. The covered business method review was petitioned for all of the claims at issue by one of the appellees. Benefit’s patent claims were directed to computer-implemented methods and systems for analyzing the present value of retirement payments in the creation of funds.
The appellees all filed motions to stay once the CBM petition was filed, but the district court denied the original motions. The PTAB then instituted the CBM review on the basis that the challenged claims were more likely than not unpatentable under 35 USC 101. The appellees subsequently renewed their motions to stay after the CBM review was instituted and the district court granted the stay in light of the new facts. On appeal, the Federal Circuit determined that the district court’s granting of the stay was proper.
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