UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAP AMERICA, INC. ET AL.
`Petitioner,
`
`v.
`
`VERSATA DEVELOPMENT GROUP, INC.
`Patent Owner.
`
`Case CBM20 12-00001
`Patent 6,553,350
`
`Before SALLY C. MEDLEY, MICHAEL P. TIERNEY, and RAMA G. ELLURU,
`Administrative Patent Judges.
`
`PATENT OWNER VERSATA'S NOTICE OF APPEAL
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAP AMERICA, INC. ET AL.
`Petitioner,
`
`v.
`
`VERSATA DEVELOPMENT GROUP, INC.
`Patent Owner.
`
`Case CBM20 12-00001
`Patent 6,553,350
`
`Before SALLY C. MEDLEY, MICHAEL P. TIERNEY, and RAMA G. ELLURU,
`Administrative Patent Judges.
`
`PATENT OWNER VERSATA'S NOTICE OF APPEAL
`
`
`
`Case CBM20 12-00001
`Patent 6,553,350
`Attorney Docket No: 4117-101
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 1 OB20
`600 Dulany Street
`Alexandria, VA 22314-5793
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner
`
`Versata Development Group, Inc. ("Versata") hereby appeals to the United States
`
`Court of Appeals for the Federal Circuit from the Decision on Request for
`
`Rehearing entered on September 13, 2013 (Paper 81), from the Final Written
`
`Decision entered on June 11, 2013 (Paper 70), and from all underlying orders,
`
`decisions, rulings and opinions, including without limitation the Decision on
`
`Institution of Covered Business Method Review entered on January 9, 2013 (Paper
`
`36).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner Versata further
`
`indicates that the issues on appeal include, but are not limited to, the Patent Trial
`
`and Appeal Board's application and use of the broadest reasonable interpretation
`
`standard, claim construction, determination ofunpatentability of claims 17 and 26-
`
`29 ofVersata's U.S. Patent No. 6,553,350 ('"350 patent") under 35 U.S.C. § 101,
`
`determination that the '350 patent is a covered business method patent and is not a
`
`technological invention, determination that SAP had standing to institute this
`
`proceeding, determination that the post-grant review initiated by SAP was not
`
`2
`
`
`
`Case CBM2012-00001
`Patent 6,553,350
`Attorney Docket No: 4117-101
`
`barred by claim and issue preclusion, determination that 35 U.S.C. § 101 is a
`
`permissible basis for review, and any finding or determination supporting or
`
`related to those issues, as well as all other issues decided adversely to Patent
`
`Owner Versata in any orders, decisions, rulings and opinions.
`
`Patent Owner Versata also hereby appeals the United States Patent and
`
`Trademark Office exceeding its statutory authority through rulemaking, including
`
`without limitation by adopting rule 37 C.F.R. § 42.301(a) defming "covered
`
`business method" and rule 37 C.F.R. § 42.300(b) alleging unexpired claims should
`
`be given their "broadest reasonable construction."
`
`Simultaneous with this submission, a copy of this Notice of Appeal is being
`
`filed with the Patent Trial and Appeal Board. In addition, three copies of this
`
`Notice of Appeal, along with the required docketing fees, are being filed with the
`
`Clerk's Office for the United States Court of Appeals for the Federal Circuit.
`
`3
`
`
`
`Dated: November 13, 2013
`
`By:
`
`Case CBM20 12-00001
`Patent 6,553,350
`Attorney Docket No: 4117-101
`
`Respectfully submitted,
`
`Nancy J. Linck, Reg. N , 1,920
`Martin M. Zoltick, Reg. N . 35,745
`Rothwell, Figg, Ernst &
`anbeck, P.C.
`607 14th St., N.W., Suite 800
`Washington, DC 20005
`Phone:202-783-6040
`Facsimile: 202-783-6031
`E-mail: nlinck@rfem.com
`mzoltick@rfem.com
`
`Counsel for Patent Owner
`Versata Development Group, Inc.
`
`4
`
`
`
`Case CBM2012-00001
`Patent 6,553,350
`Attorney Docket No: 4117-101
`
`CERTIFICATE OF FILING
`
`I hereby certify that, in addition to being filed electronically through the
`Board's PRPS System, the original version of the foregoing, PATENT OWNER
`VERSATA'S NOTICE OF APPEAL, was filed by hand on this 13th day of
`November, 2013, with the Director of the United States Patent and Trademark
`Office, at the following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
`
`CERTIFICATE OF FILING
`
`I hereby certify that three (3) true and correct copies of the foregoing,
`PATENT OWNER VERSATA'S NOTICE OF APPEAL, were filed by hand on
`this 13th day of November, 2013, with the Clerk's Office of the United States Court
`of Appeals for the Federal Circuit, at the following address:
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing, PATENT
`OWNER VERSATA'S NOTICE OF APPEAL, was served, in accordance with the
`parties' electronic service agreement, by electronic mail on this 13th day of
`November, 2013, on the following counsel for the Petitioner:
`
`Erika H. Amer, Lead Counsel
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
`11955 Freedom Dr.
`Reston, VA 20190-5675
`Service E-mail: SAP-PGR @finnegan. com
`
`1
`
`
`
`Case CBM2012-00001
`Patent 6,553,350
`Attorney Docket No: 4117-101
`
`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
`
`
`
`....,.....::;L;;:::~:!!:!:::!:::::::....::__.e.-:::::::!::::....:-==:;:??~~====~----
`
`~ van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
`
`2
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