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Paper No.
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`
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`CALLIDUS SOFTWARE INC.
`Petitioner
`
`v.
`
`VERSATA DEVELOPMENT
`GROUP, INC.
`Patent Owner
`
`AND
`
`VERSATA SOFTWARE, INC.
`Real Party-In-Interest
`___________________
`
`Case CBM2013-00054
`Patent 7,908,304
`_____________________
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`
`

`
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`
` Patent Owner’s Request for Oral Argument
`CBM2013-00054 (Patent 7,908,304)
`In accordance with 37 C.F.R. § 42.70(a), Patent Owner respectfully requests the
`
`opportunity to present oral arguments before the PTAB on October 29, 2014. (See Order –
`
`Conduct of the Proceedings, Paper No. 40, p. 2). The issues to be argued include the
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`patentability of claims 1, 12-25, 30-32, 42 and 43 under 35 U.S.C. § 101, whether Petitioner
`
`is statutorily barred from seeking post-grant review under 35 U.S.C. § 325(a)(1), any other
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`issues briefed by or presented by the parties throughout this trial, and any issues argued by
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`Petitioner during the oral argument.
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`Recognizing that oral argument for the instant proceeding, CBM2013-00052, and
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`CBM2013-00053 have been scheduled for the same time, and though prior PTAB orders
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`indicate a desire to consolidate oral argument time for reviews involving the same parties,
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`Patent Owner respectfully requests separate, demarcated oral argument time for the instant
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`proceeding, for CBM2013-00052, and for CBM2013-00053. The three proceedings involve
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`different patents with completely different specifications, completely different claim sets, and
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`distinct factual and legal issues. Accordingly, Patent Owner believes separate oral
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`argument time to be warranted and respectfully requests 30 minutes time for this
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`proceeding. If the Board has any questions or comments, the undersigned attorney
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`respectfully requests a telephone conference.
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`
`Dated: September 12, 2014
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`Respectfully submitted,
`
`
`
`/David W. O’Brien/
`David W. O’Brien, Reg. No. 40,107
`
`
`
`–1–
`
`

`
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`
`
`Certificate of Service
`CBM2013-00054 (Patent 7,908,304)
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`CALLIDUS SOFTWARE INC.
`Petitioner
`v.
`VERSATA DEVELOPMENT GROUP, INC.
`Patent Owner
`AND
`VERSATA SOFTWARE, INC.
`Real Party-In-Interest
`_________________
`Case CBM2013-00054
`Patent 7,908,304
`_____________________
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies, in accordance with 37 C.F.R. § 42.205, that service was
`made on the Petitioner as detailed below.
`Date of service September 12, 2014
`
`Manner of service By email pursuant to the parties’ agreement
`Documents served Patent Owner’s Request for Oral Argument
`Persons served Deborah Fishman
`Jeffrey Miller
`Assad Rajani
`Michael Tonkinson
`VERSATA-CBM@dicksteinshapiro.com
`
`
`
`/David W. O’Brien/
`David W. O’Brien
`Registration No. 40,107
`
`
`
`
`
`–1–

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