`571-272-7822
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` Paper 73
`Entered: July 15, 2013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAP AMERICA, INC.
`Petitioner,
`
`
`
`
`
`v.
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`VERSATA DEVELOPMENT GROUP, INC.
`Patent Owner.
`____________
`
`Case CBM2012-00001 (MPT)
`Patent 6,553,350
`____________
`
`
`
`
`Before SALLY C. MEDLEY, MICHAEL P. TIERNEY, and RAMA G. ELLURU,
`Administrative Patent Judges.
`
`TIERNEY, Administrative Patent Judge.
`
`
`
`
`ORDER
`Authorizing Additional Briefing
`37 C.F.R. § 42.5
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`
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`
`
`Case CBM2012-00001
`Patent 6,553,350
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`
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`Patent owner Versata filed a motion for rehearing (Paper 71) of the Board’s
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`Final Written Decision (Paper 70). Versata’s motion raises at least two issues that
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`SAP has not yet had an opportunity to brief. Specifically, SAP has not yet had an
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`opportunity to brief how the following two Federal Circuit’s decisions affect this
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`proceeding: Ultramercial, Inc. v. Hulu, LLC, 107 USPQ2d 1193 (Fed. Cir. 2013)
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`and Versata Software Inc. v. SAP America Inc., 106 USPQ2d 1649 (Fed. Cir.
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`2013).
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`
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`The Board authorizes SAP to file an opposition to Versata’s motion for
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`rehearing. The opposition is limited to addressing the impact, if any, the two
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`recent Federal Circuit decisions have on the Board’s Final Written Decision.
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`SAP’s opposition is due no later than July 18, 2013.
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`2
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`Case CBM2012-00001
`Patent 6,553,350
`
`PETITIONER:
`
`Erika Arner
`Finnegan, Henderson
`Farabow, Garrett & Dunner, LLP
`SAP-PGR@finnegan.com
`
`and
`
`J. Steven Baughman
`Ropes & Gray, LLP
`Steven.baughman@ropesgray.com
`
`PATENT OWNER:
`
`Nancy Linck
`Martin Zoltick
`Rothwell, Figg, Ernst & Manbeck, PC
`nlinck@rfem.com
`mzoltick@rfem.com
`
`
`
`
`3
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`
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