`571-272-7822
`
`
`
` Paper 47
`
`Entered: February 27, 2013
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAP AMERICA, INC.
`Petitioner,
`
`
`
`
`
`v.
`
`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.
`
`ELLURU, Administrative Patent Judge
`
`
`ORDER
`Conduct of the Proceedings
` 37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case CBM2012-00001
`Patent 6,553,350
`
`
`
`A conference call was held on February 26, 2013, at approximately 2:00
`
`p.m. involving:
`
`Erika Arner and Steve Baughman, counsel for SAP;
`1.
`2. Martin Zoltick and Danny Huntington, counsel for Versata;
`3. Michael Tierney, Sally Medley, and Rama Elluru, Administrative
`
`Patent Judges.
`
` court reporter was present on the call.1 The purpose of the call was to discuss
`
`
`
`
`
`
` A
`
`three issues relating to the pending deposition of SAP’s expert, Dr. Seigel, raised
`
`by the parties via email. The three issues are: (1) scope of cross-examination; (2)
`
`duration of cross-examination; and (3) specific exhibits and testimony from the
`
`infringement action that Versata intends to introduce into the record.
`
`
`
`During the call, the Board provided the following guidance to the parties for
`
`conducting the deposition. At the outset, the Board recognizes that the section
`
`101 ground of unpatentability is a coarse eligibility filter, and that some leeway
`
`may be needed in cross-examining Dr. Seigel. The Board authorized the
`
`deposition to occupy up to 7 hours, as specified in the default Board Rule (37
`
`C.F.R. § 42.53(c)(2)), recognizing, however, that Versata may not need the entire 7
`
`hours.
`
`
`
`Versata identified several trial exhibits and testimony from three witnesses
`
`from the related infringement action, and questioned whether SAP would challenge
`
`
`1 This Order summarizes the conference call. A more complete record may be
`found in the transcript, which is to be filed by Versata as an exhibit.
`
`
`
`2
`
`
`
`Case CBM2012-00001
`Patent 6,553,350
`
`their authenticity and admissibility. SAP acknowledged that it was unlikely to
`
`challenge the authenticity of the documents, and the Board requested that SAP
`
`contact the Board in the unlikely event that an authenticity issue arises. The Board
`
`also advised that any admissibility issues would be determined later.
`
`
`
`PETITIONER:
`
`
`Erika Arner
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
`and
`J. Steven Baughman
`Ropes & Gray
`steven.baughman@ropesgray.com
`SAP-PGR@finnegan.com
`
`
`PATENT OWNER:
`
`Nancy Linick
`and
`Martin Zoltick
`Rothwell, Figg, Ernst & Manbeck, P.C.
`nlinck@rfem.com
`VERSATA-PGR@rfem.com
`
`
`
`3
`
`
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