`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
` Paper 26
`
`
` Entered: February 19, 2014
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`
`
`VOLUSION, INC.
`Petitioner
`
`v.
`
`VERSATA SOFTWARE, INC. AND
`VERSATA DEVELOPMENT GROUP, INC.
`Patent Owner
`____________
`
`Cases CBM2013-00017 (Patent 6,834,282)
`CBM2013-00018 (Patent 7,426,481)1
`____________
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`KEVIN F. TURNER, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
` 37 C.F.R. § 42.5
`
`
`1 This order addresses a similar issue in the two cases. Therefore, we
`exercise discretion to issue one order to be filed in each case. The parties,
`however, are not authorized to use this style of heading in subsequent
`papers.
`
`
`
`CBM2013-00017 (Patent 6,834,282)
`CBM2013-00018 (Patent 7,426,481)
`
`
`On February 18, 2014, a conference call was held between counsel for
`
`the respective parties and Judges Medley, Blankenship, and Turner. The
`
`purpose of the call was for Petitioner to request authorization to file a motion
`
`to strike the Patent Owner’s motion to amend filed in each of the two cases.
`
`The request was denied for the following reasons.
`
`A petitioner is authorized to file an opposition to any motion to amend
`
`a patent owner files. See, e.g., Paper 9; DUE DATE 2. An opposition to a
`
`motion to amend may include reasons why a patent owner’s motion to
`
`amend should be denied. Petitioner is provided an opportunity to file an
`
`opposition to the motions to amend, and may address any alleged
`
`deficiencies in that context, and, therefore, separate briefing in the form of a
`
`motion to strike is not necessary.
`
`Accordingly, it is
`
`ORDERED that Petitioner’s request to file a motion to strike Patent
`
`Owner’s motions to amend filed in the two proceedings is denied.
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`CBM2013-00017 (Patent 6,834,282)
`CBM2013-00018 (Patent 7,426,481)
`
`
`
`
`
`For PETITIONER:
`
`Keith Broyles
`keith.broyles@alston.com
`
`Jason Cooper
`jason.cooper@alston.com
`
`David Frist
`David.Frist@alston.com
`
`For PATENT OWNER:
`
`Kent Chambers
`kchambers@tcchlaw.com
`
`David O’Brien
`david.obrien.ipr@haynesboone.com
`
`
`
`
`
`
`
`3
`
`
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