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Case No. CBM2012-00001
`
`Attorney Docket No. 09449.0025—00000
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAP AMERICA INC. AND SAP AG
`
`Petitioner,
`
`V.
`
`VERSATA DEVELOPMENT GROUP INC.
`
`Patent Owner.
`
`Case CBM2012-00001 (MPT)
`
`Patent 6,553,350
`
`Before Administrative Patent Jud es: MICHAEL P. TIERNEY, SALLY C.
`MEDLEY and RAMA G. ELL
`U
`
`Mail Stop
`Patent Trial and Appeal Board
`US. Patent and Trademark Office
`
`PO. Box 1450
`
`Alexandria, VA 22313—1450
`
`PETITIONER SAP’S SUBMISSION REGARDING CONFIDENTIALITY
`
`OF PRELIMINARY RESPONSE
`
`Along with its Preliminary Response, Patent Owner Versata filed a Motion
`
`to File Documents Under Seal (Paper No. 28) requesting permission, pursuant to
`
`37 C.F.R. § 42.12, to file the Preliminary Response and selected exhibits (Versata
`
`Exhibits 2045, 2046 and 2047) under seal. After filing the Motion, Versata’s
`
`

`

`Case No. CBM2012-00001
`
`Attorney Docket No. 09449.0025—00000
`
`counsel contacted SAP’s counsel to ask whether the Preliminary Response
`
`included any SAP confidential information.
`
`SAP has reviewed the Preliminary Response and confirms that the
`
`Preliminary Response itself (Paper No. 29) does not contain any SAP confidential
`
`information and can thus be placed in the public record. However, the three
`
`exhibits filed under seal (Exhibits 2045, 2046 and 2047) contain jointly designated
`
`confidential information and should remain under seal in their entirety.
`
`Dated: December 13, 2012
`
`mitted,
`
`By:
`
`
`
`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
`
`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
`
`Attorneys for Petitioners SAP America,
`Inc. and SAPAG
`
`

`

`Case No. CBM2012-00001
`
`Attorney Docket No. 09449.0025-00000
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that the foregoing PETITIONER SAP’S
`
`SUBMISSION REGARDING CONFIDENTIALITY OF PRELIMINARY
`
`RESPONSE was served on December 13, 2012, to Nancy J. Linck and Martin M.
`
`Zoltick, Lead and Back-up Counsel for Versata, respectively, at the service e-mail
`
`address of
`
`VERSATA—PGR@rfem.corn provided in Versata’s Mandatory Notices. The
`
`parties have agreed to electronic service.
`
`
`
`FINNEGAN, HENDERSON,
`
`FARABOW, GARRETT &
`
`DUNNER, L.L.P.
`
`

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