Trials@uspto.gov
`571-272-7822
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` Paper 61
`Entered: April 8, 2013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`SAP AMERICA, INC.
`Petitioner,
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`v.
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`VERSATA DEVELOPMENT GROUP, INC.
`Patent Owner.
`____________
`
`Case CBM2012-00001 (MPT)
`Patent 6,553,350
`____________
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`
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`Before SALLY C. MEDLEY, MICHAEL P. TIERNEY, and RAMA G. ELLURU,
`Administrative Patent Judges.
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`TIERNEY, Administrative Patent Judge.
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`
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`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`

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`Case CBM2012-00001
`Patent 6,553,350
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`On February 21, 2013, the Board issued a decision granting SAP’s request to
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`expedite the proceeding, and entered SAP’s requested expedited schedule.
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`(“Decision,” Paper 45). The Board’s decision set a trial hearing date of
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`April 17, 2013 at 2:00 p.m.
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`SAP and Versata have submitted requests for a trial hearing pursuant to 37
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`C.F.R. § 42.70 (Paper 60, “SAP’s Request” and Paper 61, “Versata’s Request”)).1
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`The Requests state that the issues to be presented at the hearing include the
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`instituted ground of unpatentability under 35 U.S.C. § 101, and associated issues.
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`Id. The Requests for a trial hearing are hereby granted.
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`Each party will be provided sixty (60) minutes total to present its case.2
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`SAP, as petitioner, bears the ultimate burden of proof that Versata’s claims are
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`unpatentable. Accordingly, SAP will present its contentions first, followed by
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`Versata. Both parties may reserve time for rebuttal arguments.
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`A conference call was held on March 14, 2013 (Transcript, VX 2098).
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`During the call, the Board stated that a request had been made to have the hearing
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`made publically available to those who were unable to attend the hearing in person.
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`The Board requested that the parties identify any objections or concerns with
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`publicly broadcasting the hearing via telephone or webcast. VX 2098, 20:12-
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`1 Section 18 of the Leahy-Smith America Invents Act provides for a transitional
`program for covered business method patents that, with certain exceptions not
`relevant to this Order, employs the standards and procedures of a post-grant review
`under chapter 32 of title 35. Pub. L. 112-29, 125 Stat. 284, 329 (2011). The post-
`grant review statutes required the Director to prescribe regulations, including
`regulations that provide either party with the right to an oral hearing as part of
`the proceeding. 35 U.S.C. § 326(a)(10). Accordingly, the Office promulgated
`37 C.F.R. § 42.70, which requires a party seeking a hearing to file a request that
`identifies the issues to be argued.
`2 The time was set after consultation with the parties.
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`2
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`Case CBM2012-00001
`Patent 6,553,350
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`25:17. Neither party objects to publicly broadcasting the hearing. SAP and
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`Versata’s Requests.
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`There is a strong public policy interest in making all information presented
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`in a covered business method patent review public as the review determines the
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`patentability of claims in an issued patent and therefor affects the rights of the
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`public. This public policy is expressed in 35 U.S.C. § 326(a)(1), which provides
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`that the file of any post-grant review proceeding shall be made available to the
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`public except those petitions or documents for which a motion to seal has been
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`filed.
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`Based upon the facts presented, the Board exercises its discretion to make
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`the April 17 hearing available to the public via in-person attendance as well as
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`telephonically. Specifically, the hearing will be open to the public for in-person
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`attendance on the ninth floor of Madison Building East, 600 Dulany Street,
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`Alexandria, Virginia. Space is limited as both parties have requested additional
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`reserved seating and in-person attendance will be accommodated on a first come
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`first serve basis. The following telephone number, meeting ID number and
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`password are provided for those members of the public who wish to listen
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`telephonically to the hearing:
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`(571) 270-3000
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`meeting ID number 28001#
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`password 7448#
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`The Board will provide a stenographer for the hearing and the reporter’s transcript
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`will constitute the official record of the hearing.
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least
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`five business days before the hearing and filed no later than the time of the hearing.
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`3
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`Case CBM2012-00001
`Patent 6,553,350
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`In light of the expedited schedule, the parties may stipulate a different date for
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`serving the demonstrative exhibits, but no later than the time of the trial hearing.
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`PETITIONER:
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`Erika Arner
`Finnegan, Henderson
` Farabow, Garrett & Dunner, LLP
`SAP-PGR@finnegan.com
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`and
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`J. Steven Baughman
`Ropes & Gray, LLP
`Steven.baughman@ropesgray.com
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`PATENT OWNER:
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`Nancy Linck
`Martin Zoltick
`Rothwell, Figg, Ernst & Manbeck, PC
`nlinck@rfem.com
`mzoltick@rfem.com
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`4
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