`Tel: 571-272-7822
`
`
`
`
`Paper 48
`Entered: November 17, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SALESFORCE.COM, INC.,
`Petitioner,
`
`v.
`
`VIRTUALAGILITY, INC.,
`Patent Owner.
`_______________
`
`Case CBM2013-00024
`Patent 8,095,413 B1
`_______________
`
`Before JAMESON LEE, GEORGIANNA W. BRADEN, and
`CHRISTOPHER KAISER, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`ORDER
`Conduct of Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`Case CBM2013-00024
`Patent 8,095,413 B1
`
`On November 14, 2014, a conference call was held among respective
`
`counsel for the parties and Judges Lee, Braden, and Kaiser. The parties sought
`guidance with respect to what, if anything, they need to do if they have settled this
`proceeding between themselves. The posture of this proceeding is that on
`September 16, 2014, we issued a Final Written Decision. Paper 47. Counsel for
`Patent Owner indicated that, despite settlement between the parties, Patent Owner
`intends to file a Notice of Appeal to the Court of Appeals for the Federal Circuit.
`
`We directed attention of the parties to 37 C.F.R. § 42.74(b), which pertains
`to the filing of a true copy of a written document that sets forth an agreement or
`understanding between the parties in contemplation of or in connection with the
`termination of a proceeding. Mere entry of a final written decision does not appear
`to terminate the proceeding, because an appeal may be taken, as is intended by the
`Patent Owner, to the Court of Appeals for the Federal Circuit. We need not and do
`not, however, make that ruling at this time.
`
`It is
`
`ORDERED that the parties shall comply with the requirements of 37 C.F.R.
`§ 42.74(b).
`
`
`
`
`
`
`
` 2
`
`
`
`
`
`
`
`Case CBM2013-00024
`Patent 8,095,413 B1
`
`For PETITIONER:
`Michael Rosato
`Brian Range
`Jose Villarreal
`mrosato@wsgr.com
`brange@wsgr.com
`jvillarreal@wsgr.com
`
`For PATENT OWNER:
`
`Gregory Gonsalves
`Jay Kesan
`gonsalves@gonsalveslawfirm.com
`jay@jaykesan.com
`
`
` 3
`
`
`
`
`
`
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