`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
` Paper 44
`
`
` Entered: May 15, 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 B1)
`CBM2013-00018 (Patent 7,426,481 B1)1
`____________
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`KEVIN F. TURNER, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
` 35 U.S.C. § 326(a)(10)
`
`
`
`
`1 This order addresses similar issues 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)
`
`
`Both parties request a hearing in both cases pursuant to 37 C.F.R.
`§ 42.70. The requests are granted.
`Each party will have forty-five (45) minutes total time per case to
`present arguments. Petitioner will proceed first to present its case with
`respect to the challenged claims and grounds for which the Board instituted
`trial in CBM2013-00017. Petitioner may reserve some of its argument time,
`both for rebuttal and for responding to Patent Owner’s presentation on
`Patent Owner’s motion to amend claims.
`Thereafter, Patent Owner will respond to Petitioner’s presentation and
`may present its motion to amend claims. In that regard, note that the Patent
`Owner bears the burden of proof with regard to the proposed substitute
`claims. The Patent Owner may reserve some of its argument time for
`rebuttal, to respond to Petitioner’s opposing presentation on Patent Owner’s
`motion to amend claims.
`The same process will be repeated for CBM2013-00018.
`The parties have brought to our attention, in each case, the issue of
`whether an opponent’s reply and evidence are proper under 37 C.F.R.
`§ 42.23(b). See, e.g., CBM2013-00017, Papers 36 and 41 (item 3). The
`record is clear, in both cases, that this is an issue of concern for both parties.
`The parties have not been authorized to file papers explaining the merits of
`their respective positions regarding whether an opponent’s reply is proper
`under 37 C.F.R. § 42.23(b) (see, e.g., CBM2013-00017, Paper 36), nor will
`the panel hear new arguments regarding whether an opponent’s reply is
`proper under 37 C.F.R. § 42.23(b). Thus, the parties are not authorized to
`discuss, during the hearing, whether an opponent’s reply is proper under 37
`C.F.R. § 42.23(b).
`
`2
`
`
`
`CBM2013-00017 (Patent 6,834,282)
`CBM2013-00018 (Patent 7,426,481)
`
`
`The hearing for these cases will commence at 1:00 PM Eastern Time,
`on May 28, 2014, and it will be open to the public for in-person attendance,
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. In-person attendance will be accommodated on a first-come first-
`served basis.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearing. They shall be filed at the Board two
`business days prior to the hearing, and the parties must initiate a conference
`call with the Board by two business days prior to the hearing to resolve any
`dispute over the propriety of each party’s demonstrative exhibits. The
`parties are directed to CBS Interactive Inc. v. Helferich Patent Licensing,
`LLC, IPR2013-00033, Paper 118 (October 23, 2013), regarding the
`appropriate content of demonstrative exhibits.
`The Board expects lead counsel for each party to be present at
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If any lead counsel will not be in attendance at hearing, the
`Board should be notified via a joint telephone conference call no later than
`two days prior to the hearing to discuss the matter.
`
`
`
`
`
`
`
`
`
`3
`
`
`
`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@haynesboone.com
`
`John Russell Emerson
`Russell.ermerson@haynesboone.com
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
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