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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________
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`SAP AMERICA, INC. ET AL.
`Petitioner
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`v.
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`Patent of VERSATA DEVELOPMENT GROUP, INC.
`Patent Owner
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`_______________
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`Case CBM2012-00001
`Patent 6,553,350
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`_______________
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`JOINT SUBMISSION AUTHORIZED BY
`ORDER – CONDUCT OF PROCEEDING -- 37 C.F.R. § 42.5
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`Case CBM2012-00001
`Patent 6,553,350
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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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`I.
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`Introduction
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`In accordance with the Order – Conduct of Proceedings – 37 C.F.R. § 42.5, dated
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`November 1, 2012 (Paper 16) (“Order”), Petitioner, SAP America, Inc, et al. (“SAP”), and
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`Patent Owner, Versata Development Group, Inc. (“Versata”), jointly identify for the Board the
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`status of resolution of the issues the parties agreed to discuss, as set forth in Section III of the
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`Order.
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`II.
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`Issue 1- Versata’s Request for Additional Discovery From The Related Litigation
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`The parties engaged in several telephone discussions and exchanged correspondence,
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`including a list of documents for which Versata seeks access and SAP’s position regarding such
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`access. While the parties have identified some areas of agreement, they have not been able to
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`resolve their disputes on all aspects of Versata’s request.
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`Accordingly, Versata requests authorization to file a motion for additional discovery
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`pursuant to 37 C.F.R. § 42.224.
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`III.
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`Issue 2 - Time For Filing Patent Owner Preliminary Statement
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`The parties have not agreed to extend the time for filing the Patent Owner Preliminary
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`Response beyond the current due date of November 23, 2012.
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`Versata requests a telephone conference to explain the reasons why it believes extending
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`the time for filing the Patent Owner Preliminary Response is appropriate.
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`IV.
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`Issue 3 – Protective Order
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`Case CBM2012-00001
`Patent 6,553,350
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`The parties have exchanged drafts of a protective order in an effort to agree upon terms.
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`While no agreement has yet been reached, the parties anticipate and are hopeful that an
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`agreement on terms can be reached with a limited additional amount of time to consider and
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`finalize the proposed terms.
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`IV.
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`Issue 4 – Versata’s Use Of Experts From The Related Litigation In This Proceeding
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`SAP has maintained its objection to Versata’s use in the proceeding of Versata’s experts
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`from the related litigation.
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`Dated: November 9, 2012
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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
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`Attorneys for Patent Owner Versata Development
`Group, Inc.
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`Dated: November 9, 2012
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`By: /Erika Arner/
`Erika H. Arner, Lead Counsel
`Joseph E. Palys
`Michael V. Young, Sr.
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
`11955 Freedom Drive
`Reston, VA 20190
`Phone: 571-203-2700
`Facsimile: 202-408-4400
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`3
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`Case CBM2012-00001
`Patent 6,553,350
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`J. Steven Baughman, Back-up Counsel
`ROPES & GRAY LLP
`Prudential Tower
`800 Boylston Street
`Boston, Massachusetts 02199
`Phone: 202-508-4606
`Facsimile: 617- 235-9492
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`Attorneys for Petitioners SAP America, Inc. and
`SAP AG
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`4
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`Case CBM2012-00001
`Patent 6,553,350
`Attorney Docket No: 4117-101
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 9th day of November, 2012, a true and correct copy of the
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`foregoing JOINT SUBMISSION AUTHORIZED BY ORDER - CONDUCT OF PROCEEDING
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`- 37 C.F.R. § 42.5, 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 Petitioners SAP
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`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
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`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/ Erik van Leeuwen
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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