Case No. CBM2013-00017
`U.S. Patent No. 6,834,282
`
`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
`
`Case CBM2013-00017
`U.S. Patent No. 6,834,282 B1
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`KEVIN F. TURNER, Administrative Patent Judges.
`
`NOTICE OF SUBMISSION OF PETITIONER
`VOLUSION, INC.’S DEMONSTRATIVES
`
`
`U.S. Patent No. 6,834,282
`
`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
`
`Case CBM2013-00017
`U.S. Patent No. 6,834,282 B1
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`KEVIN F. TURNER, Administrative Patent Judges.
`
`NOTICE OF SUBMISSION OF PETITIONER
`VOLUSION, INC.’S DEMONSTRATIVES
`
`
`
`Case No. CBM2013-00017
`U.S. Patent No. 6,834,282
`
`Pursuant to 37 C.F.R. § 42.70(b) and the Board’s Order of May 15,
`
`2014 (Paper 44), Petitioner Volusion, Inc. (“Volusion”) files Exhibit 1024,
`
`which contains Petitioner’s Demonstratives for the oral hearing scheduled
`
`for May 28, 2014. In addition, pursuant to 37 C.F.R. § 42.63(e) Petitioner
`
`includes an updated Exhibit List on the following page.
`
`2
`
`
`
`Case No. CBM2013-00017
`U.S. Patent No. 6,834,282
`
`PETITIONER VOLUSION, INC.’S
`EXHIBIT LIST
`
`Exhibit No.
`
`Description
`
`Exhibit 1001:
`
`U.S. Patent No. 6,834,282
`
`Exhibit 1002:
`
`Exhibit 1003:
`
`Exhibit 1004:
`
`Exhibit 1005:
`
`Exhibit 1006:
`
`Exhibit 1007:
`
`Exhibit 1008:
`
`Exhibit 1009:
`
`Transitional Programs for Covered Business Method
`Patents – Definitions of Covered Business Method
`Patent and Technological Invention, 77 Fed. Reg. 157
`(August 14, 2012)
`
`United States Patent and Trademark Office –
`Classification Definitions, Class 705
`
`A Guide to the Legislative History of the America
`Invents Act; Part II of II, 21 Fed. Cir. Bar. J. No. 4
`
`Complaint for Patent Infringement, Versata Software,
`Inc., et al. v. Volusion, Inc., Civil Action No. 1:12-cv-
`893-SS (W.D. Tex.), filed September 25, 2012
`
`Changes to Implement Inter Partes Review
`Proceedings, Post-Grant Review Proceedings, and
`Transitional Program for Covered Business Method
`Patents, 77 Fed. Reg. 157 (August 14, 2012)
`
`Office Patent Trial Practice Guide, 77 Fed. Reg. 157
`(August 14, 2012)
`
`Order Instituting Certain Business Method Patent
`Review, SAP America, Inc. v. Versata Development
`Grp., Inc., CBM2012-00001, Paper No. 36
`
`Order Instituting Certain Business Method Patent
`Review, Interthinx, Inc. v. Corelogic Solutions, Inc.,
`CBM2012-000007, Paper No. 15
`
`3
`
`
`
`Exhibit No.
`
`Exhibit 1010:
`
`Case No. CBM2013-00017
`U.S. Patent No. 6,834,282
`
`Description
`
`USPTO Docket No. PTO-P-2011-0087, Final Rule,
`Definitions of Covered Business Method Patent and
`Technological Invention
`
`Exhibit 1011:
`
`Prosecution History for U.S. Patent No. 6,834,282
`
`Exhibit 1012:
`
`Power of Attorney
`
`Exhibit 1013:
`
`Certificate of Service
`
`Exhibit 1014:
`
`Decision, Institution of Covered Business Method
`Patent Review of U.S. Patent No. 7,426,481, Case No.
`CBM2013-00018, Paper No. 8
`
`Exhibit 1015:
`
`Certificate of Service
`
`Exhibit 1016:
`
`Exhibit 1017:
`
`Exhibit 1018:
`
`Exhibit 1019:
`
`Transcript of the March 10, 2014 deposition of Scott
`Nettles
`
`Declaration of Philip Greenspun in Support of
`Petitioner’s Reply to Patent Owner Response
`
`Declaration of Philip Greenspun in Support of
`Petitioner’s Opposition to Motion to Amend
`
`Plaintiffs’ Proposed Claim Constructions, Versata
`Software, Inc., et al. v. Volusion, Inc., Civil Action No.
`1:12-cv-893-SS (W.D. Tex.), served June 17, 2013
`
`Exhibit 1020:
`
`Greenspun Demonstrative A
`
`Exhibit 1021:
`
`Greenspun Demonstrative B
`
`Exhibit 1022:
`
`Greenspun Demonstrative C
`
`Exhibit 1023:
`
`Curriculum Vitae of Philip Greenspun
`
`4
`
`
`
`Case No. CBM2013-00017
`U.S. Patent No. 6,834,282
`
`Exhibit No.
`
`Description
`
`Exhibit 1024:
`
`Petitioner’s Demonstratives
`
`Respectfully submitted,
`
`Dated: May 23, 2014
`
`/s/ Keith E. Broyles
`Keith E. Broyles (Reg. No. 42,365)
`keith.broyles@alston.com
`Jason P. Cooper (Reg. No. 38,114)
`jason.cooper@alston.com
`David S. Frist (Reg. No. 60,511)
`david.frist@alston.com
`ALSTON & BIRD LLP
`One Atlantic Center
`1201 West Peachtree Street
`Atlanta, Georgia 30309-3424
`Tel.: (404) 881-7000
`Fax: (404) 881-7777
`
`Attorneys for Petitioner
`Volusion, Inc.
`
`5
`
`
`
`Case No. CBM2013-00017
`U.S. Patent No. 6,834,282
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies, in accordance with 37 CFR § 42.6(e), that
`
`service of PETITIONER VOLUSION, INC.’S DEMONSTRATIVES was
`
`made by email upon all counsel of record on May 20, 2014 and service by
`
`hand-delivery on the following counsel for the Patent Owner on May 21,
`
`2014 as listed below:
`
`David W. O’Brien
`William B. Nash
`John Russell Emerson
`HAYNES AND BOONE, LLP
`2323 Victory Ave., Ste. 700
`Dallas, TX 75219
`Telephone: (512) 867-8457
`Fax: (214) 200-0853
`Email: david.obrien.ipr@haynesboone.com
`Email: bill.nash@haynesboone.com
`Email: russell.emerson.ipr@haynesboone.com
`
`Kent B. Chambers
`U.S. PTO Reg. No. 38,839
`TERRILE, CANNATTI, CHAMBERS & HOLLAND LLP
`8911 N. Capital of TX Hwy, Suite 3150
`Austin, TX 78759
`Telephone: (512) 338-9100
`Facsimile: (512) 345-7225
`E-mail: kchambers@tcchlaw.com
`
`The undersigned further certifies that service of PETITIONER
`
`VOLUSION, INC.’S DEMONSTRATIVES (as revised per agreement of the
`
`parties and filed with the Patent Trial and Appeal Board); and PETITIONER
`
`
`
`Case No. CBM2013-00017
`U.S. Patent No. 6,834,282
`
`VOLUSION INC.’S NOTICE OF SUBMISSION OF DEMONSTRATIVES
`
`was made by email on May 23, 2014 as listed below:
`
`David W. O’Brien
`HAYNES AND BOONE, LLP
`2323 Victory Ave., Ste. 700
`Dallas, TX 75219
`Telephone: (512) 867-8457
`Fax: (214) 200-0853
`Email: david.obrien.ipr@haynesboone.com
`
`Dated: May 23, 2014
`
`/Keith E. Broyles/
`Keith E. Broyles
`(Reg. No. 42,365)
`
`2
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