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`Filed on behalf of: Versata Development Group, Inc.
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`By: Nancy J. Linck, Lead Counsel
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`Martin M. Zoltick, Backup Counsel
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`Rothwell, Figg, Ernst & Manbeck, P.C.
`607 14th St., N.W., Suite 800
`
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`Washington, DC 20005
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`Phone: 202-783-6040
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`Facsimile: 202-783-6031
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`E-mail: nlinck@rfem.com
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` mzoltick@rfem.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`SAP AMERICA, INC. ET AL.
`Petitioner
`
`v.
`
`VERSATA DEVELOPMENT GROUP, INC.
`Patent Owner
`_______________
`
`Case CBM2012-00001 (MPT)
`Patent 6,553,350
`_______________
`
`
`PATENT OWNER VERSATA 37 CFR 42.8(a)(2) NOTICE
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`Case CBM2012-00001
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`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`
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`Patent Owner believes the following litigation filed today could affect, or be
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`affected by, the Board proceeding.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA,
`ALEXANDRIA DIVISION
`_______________________________________
`)
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`VERSATA DEVELOPMENT GROUP, INC., )
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`
`
`)
`) C.A. No. 1:13-cv-328
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`Plaintiff,
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`)
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`v.
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`)
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`TERESA STANEK REA
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`)
`Acting Director of the
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`United States Patent and Trademark Office,
`)
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`
`)
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`Defendant.
`
`)
`_______________________________________)
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`The complaint states in the first paragraph:
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`This is an action to set aside Defendant’s and the United States Patent
`and Trademark Office’s (“PTO”) review of U.S. Patent No. 6,553,350
`(the “’350 patent”) under § 18 of the Leahy-Smith America Invents
`Act (“AIA”). The ʼ350 patent is not a covered business method
`patent. The claims are not related to a financial product or service,
`nor the practice, administration or management thereof. The
`institution of that proceeding is thus contrary to law and exceeds
`Defendant’s statutory authority. Additionally, Defendant has no
`authority to entertain challenges to the claims of the ʼ350 patent under
`35 U.S.C. § 101 and its institution of a proceeding on that basis is also
`contrary to law and exceeds Defendant’s statutory authority.
`
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`Date: March 13, 2013
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`Case CBM2012-00001
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`Respectfully submitted,
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`By:
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`/s/Martin M. Zoltick
`
`Nancy J. Linck, Lead Counsel
`Martin M. Zoltick, Back-up Counsel
`ROTHWELL, FIGG, ERNST
` & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`
`Attorneys for Patent Owner Versata
`Development Group, Inc.
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 13th day of March, 2013, a true and correct copy
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`of the foregoing PATENT OWNER VERSATA 37 CFR 42.8(a)(2) NOTICE
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`was served, in accordance with the parties’ electronic service agreement, by
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`electronic mail upon the following lead and backup counsel of record for
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`Petitioners SAP America, Inc. and SAP AG:
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`Erika H. Arner, Lead Counsel
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
`11955 Freedom Dr.
`Reston, VA 20190-5675
`Service E-mail: SAP-PGR@finnegan.com
`
`
`
`
`J. Steven Baughman, Back-up Counsel
`Ropes & Gray
`One Metro Center
`700 12th St., N.W., Suite 900
`Washington, DC 20005-3948
`Service E-mail: Steven.Baughman@ropesgray.com
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`/s/ Nasri V. B. Hage
`Nasri V. B. Hage
`Rothwell, Figg, Ernst & Manbeck, P.C.
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