`Trials@uspto.gov
`Tel: 571-272-7822
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` Paper 39
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` Entered: September 24, 2014
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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.
`____________
`
`Cases CBM2013-00052 (Patent 7,904,326 B2)
`CBM2013-00053 (Patent 7,958,024 B2)
`CBM2013-00054 (Patent 7,908,304 B2)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)
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`
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`1 This order addresses an issue that is identical in all three cases. Therefore,
`we exercise discretion to issue one order to be filed in each of the three
`cases. The parties, however, are not authorized to use this style heading.
`
`
`
`CBM2013-00052 (Patent 7,904,326 B2)
`CBM2013-00053 (Patent 7,958,024 B2)
`CBM2013-00054 (Patent 7,908,304 B2)
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`
`Both parties request a hearing in each of the three cases pursuant to 37
`C.F.R. § 42.70. The requests are granted.
`Each party will have thirty (30) minutes total time per case to present
`arguments.2 Petitioner will proceed first to present its case with respect to
`the challenged claims and grounds for which the Board instituted trial in
`CBM2013-00052. Petitioner may reserve some of its argument time for
`rebuttal. Thereafter, Patent Owner will respond to Petitioner’s presentation.
`The same process will be repeated for CBM2013-00053 and then
`CBM2013-00054.
`The hearing for these cases will commence at 1:00 PM Eastern Time,
`on October 29, 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. Any
`dispute over the propriety of demonstrative exhibits that is not timely
`
`2 The parties are granted an additional 10 minutes each in connection with
`CBM2013-00052 for a total of 40 minutes each to present arguments. The
`panel will hear arguments regarding the 35 U.S.C. § 325(a)(1) issue raised in
`all three cases in connection with the presentation for the CBM2013-00052
`case only.
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`2
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`
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`CBM2013-00052 (Patent 7,904,326 B2)
`CBM2013-00053 (Patent 7,958,024 B2)
`CBM2013-00054 (Patent 7,908,304 B2)
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`presented two business days prior to the hearing will be considered waived.
`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.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment are to be made 5 days in advance of the hearing date. The
`request is to be sent to Trials@uspto.gov. If the request is not received
`timely, the equipment may not be available on the day of the hearing.
`The parties are reminded that the presenter must identify clearly and
`
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript. The parties also should note that one panel member
`will be attending the hearings electronically from a remote location and that
`if a demonstrative is not filed or otherwise made fully available or visible to
`the judge presiding over the hearing remotely, that demonstrative will not be
`considered. If the parties have questions as to whether demonstrative
`exhibits would be sufficiently visible and available to all of the judges, the
`parties are invited to contact the Board at (571) 272-9797.
`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.
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`3
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`
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`CBM2013-00052 (Patent 7,904,326 B2)
`CBM2013-00053 (Patent 7,958,024 B2)
`CBM2013-00054 (Patent 7,908,304 B2)
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`For PETITIONER:
`
`Deborah Fishman
`fishmand@dicksteinshapiro.com
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`Jeffrey Miller
`millerj@dicksteinshapiro.com
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`Michael Tonkinson
`tonkinsonm@dicksteinshapiro.com
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`
`For PATENT OWNER:
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`Kent Chambers
`kchambers@tcchlaw.com
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`David O’Brien
`david.obrien.ipr@haynesboone.com
`
`John Russell Emerson
`russell.emerson.ipr@haynesboone.com
`
`Raghav Bajaj
`raghav.bajaj.ipr@haynesboone.com
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`4
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`