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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CALLIDUS SOFTWARE INC.
`Petitioner
`
`v.
`
`VERSATA SOFTWARE, INC. AND VERSATA DEVELOPMENT
`GROUP, INC.
`Patent Owner
`____________
`
`Case CBM2013-00052
`Patent 7,904,326
`____________
`
`Mailed: September 12, 2013
`
`Before PATRICK E. BAKER, Trial Paralegal
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for covered business method patent review in the above
`proceeding has been accorded the filing date of August 28, 2013.
`
`
`
`Case CBM2013-00052
`Patent 7,904,326
`
`
`Administrative Patent Judge Sally C. Medley has been designated to
`manage the proceeding. 37 C.F.R. § 42.5.
`A review of the petition identified the following defects:
`
`
` Failure to identify related matters, judicial or
`administrative, that would affect or be affected by this
`proceeding. 37 C.F.R. § 42.8(b)(2).
`
` Failure to identify back-up counsel. 37 C.F.R.
`§§ 42.8(b)(3), 42.10(a).
`
` Failure to affix exhibit label to the lower right corner
`of the first page of the exhibits. 37 C.F.R.
`§ 42.63(d)(2)(ii).
`
`
`
`
`
`
`
`
`Petitioner must correct the defects within FIVE BUSINESS DAYS
`from this notice. Failure to correct the defects may result in an order to
`show cause as to why the Board should institute the trial. No substantive
`changes (e.g., new grounds) may be made to the petition.
`Patent Owner may file a preliminary response to the petition no later
`than three months from the date of this notice. The preliminary response is
`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owner may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`Patent Owner is advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
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`2
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`
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`Case CBM2013-00052
`Patent 7,904,326
`
`
`The parties are encouraged to use the heading on the first page of this
`Notice for all future filings in the proceeding.
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R. §
`42.10(c). Such motions shall be filed in accordance with the “Order --
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00010
`(MPT), a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.” Any motion for pro hac
`vice admission filed by the parties shall also indicate that the person sought
`to be admitted will be subject to the USPTO Rules of Professional Conduct.
`See Changes to Representation of Others Before the United States Patent and
`Trademark Office; Final Rule, 78 Fed. Reg. 20180 (Apr. 3, 2013) (effective
`May 3, 2013).
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB.
`If there are any questions pertaining to this notice, please contact
`Patrick E. Baker at 571-272-6192 or the Patent Trial and Appeal Board at
`571-272-7822.
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`Case CBM2013-00052
`Patent 7,904,326
`
`PETITIONER:
`
`Deborah E. Fishman
`fishmand@dicksteinshapiro.com
`
`Jeffrey A. Miller
`millerj@dicksteinshapiro.com
`Reg. No. 35,287
`
`PATENT OWNER:
`
`Kent Chambers, Esq.
`Terrile, Cannatti, Chambers
`& Holland, LLP
`(P.O. Box 203518)
`8911 North Capital of Texas Hwy.
`Suite 3150
`Austin, TX 78759
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