`Trials@uspto.gov
`Tel: 571-272-7822
`
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` Paper 16
`
` Entered: October 20, 2014
`
`
`
`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 CBM2014-00117 (Patent 7,908,304 B2)
`CBM2014-00118 (Patent 7,958,024 B2) 1
`_______________
`
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`KEVIN F. TURNER, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
` 37 C.F.R. § 42.5
`
`
`
`
`1 This order addresses an issue that is identical in both 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 heading in subsequent papers since
`doing so may cause confusion.
`
`
`
`Case CBM2014-00117 (Patent 7,908,304 B2)
`Case CBM2014-00118 (Patent 7,958,024 B2)
`
`
`On October 16, 2014, the initial conference call2 was held involving counsel
`for the respective parties and Judges Blankenship, Medley and Turner.
`
`
`Motions
`Patent Owner does not seek authorization to file a motion at this time. If
`Patent Owner determines that it will file a motion to amend, Patent Owner must
`arrange a conference call, to occur no later than November 19, 2014, with the
`Board and opposing counsel to discuss the proposed motion to amend. See 37
`C.F.R.
`§ 42.221(a).
`Petitioner seeks authorization to modify DUE DATES 2 and 3. In
`particular, Petitioner proposes moving DUE DATE 2 prior to the current January
`21, 2015 date and eliminating DUE DATE 3, provided that Patent Owner does not
`file a motion to amend. As discussed during the call, Petitioner may file its reply
`prior to the January 21, 2015 deadline without modification to the existing
`schedule. Patent Owner represented that it had not determined whether it will file a
`motion to amend, and, therefore, it is premature at this juncture to eliminate DUE
`DATE 3. Petitioner also seeks authorization to expedite DUE DATES 4-7. We
`indicated that modifying the remaining times is also premature at this juncture.
`Petitioner may renew its request to modify/expedite remaining times after the filing
`of Petitioner’s Reply (and possible opposition to any motion to amend).
`
`
`2 The initial conference call is held to discuss the Scheduling Order and any
`motions that the parties anticipate filing during the trial. Office Patent Trial
`2
`
`
`
`
`
`Case CBM2014-00117 (Patent 7,908,304 B2)
`Case CBM2014-00118 (Patent 7,958,024 B2)
`
`
`
`
`Order
`
`It is
`ORDERED that no additional motions3 are authorized at this time.
`
`
`
`
`
`PETITIONER:
`
`Deborah E. Fishman
`Michael S. Tonkinson
`Assad H. Rajani
`DICKSTEIN SHAPIRO LLP
`fishmand@dicksteinshapiro.com
`tonkinsonm@dicksteinshapiro.com
`rajania@dicksteinshapiro.com
`
`PATENT OWNER:
`
`Kent B. Chambers
`TERRILE, CANNATTI, CHAMBERS & HOLLAND, LLP
`kchambers@tcchlaw.com
`
`David W. O’Brien
`John Russell Emerson
`HAYNES AND BOONE, LLP
`david.obrien.ipr@haynesboone.com
`russell.emerson.ipr@haynesboone.com
`
`Practice Guide, 77 Fed. Reg. 48756, 48765 (Aug. 14, 2012).
`3 Additional motions are those motions not authorized per an earlier order or rule.
`3
`
`
`
`
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