`Trials@uspto.gov
`Tel: 571-272-7822
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` Paper 17
`
` Entered: November 17, 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 these 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 November 13, 2014, the parties informed the Board the parties have a
`written settlement agreement settling these proceedings. The parties seek
`authorization to file a joint motion to terminate the proceedings and to file the
`settlement agreement.
`Upon consideration of the parties’ request and information, we authorize the
`filing of a joint motion to terminate the instant proceedings. The joint motion must
`include a sufficient explanation as to why termination is appropriate, especially
`since related proceedings CBM2013-00053 and CBM2013-00054, involving the
`same patents, have complete records with briefing from the parties on similar
`issues raised in these proceedings. The joint motion also must inform the Board of
`the status of any litigation or proceeding, including, but not limited to, proceedings
`in the U.S. Patent and Trademark Office, involving any of the involved patents,
`and advise the Board whether any litigation or proceeding involving any of the
`involved patents is contemplated in the foreseeable future. Under 35 U.S.C.
`§ 327(a), the Board has the option to terminate the proceeding with respect to
`Petitioner and then, with no petitioner remaining in the proceeding, proceed to a
`final written decision.
`A joint motion to terminate ordinarily must be accompanied by a true copy
`of the settlement agreement in connection with the termination of a proceeding, as
`required by 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(b). A redacted version of
`the settlement agreement will not be accepted as a true copy of the settlement
`agreement. Any request that the agreement be treated as business confidential
`information and be kept separate from the files of the involved patent must be filed
`
`
`
`2
`
`
`
`Case CBM2014-00117 (Patent 7,908,304 B2)
`Case CBM2014-00118 (Patent 7,958,024 B2)
`
`with the settlement agreement. 37 C.F.R. § 42.74(c). The parties are directed to
`FAQ G2 on the Board’s website page at
`http://www.uspto.gov/ip/boards/bpai/prps.jsp for instructions on how to file their
`settlement agreement as confidential (e.g., uploading as “Parties and Board Only”).
`
`The joint motion to terminate and the settlement agreement shall be filed no
`later than November 19, 2014.
`It is
`ORDERED that the parties are authorized to file a separate joint motion to
`terminate in each of the proceedings in accordance with this order; and
`FURTHER ORDERED that the joint motions are due November 19, 2014.
`
`
`
`
`
`
`
`3
`
`
`
`Case CBM2014-00117 (Patent 7,908,304 B2)
`Case CBM2014-00118 (Patent 7,958,024 B2)
`
`
`
`PETITIONER:
`
`Deborah Fishman
`Michael Tonkinson
`Assad H. Rajani
`DICKSTEIN SHAPIRO LLP
`fishmand@dicksteinshapiro.com
`tonkinsonm@dicksteinshapiro.com
`rajania@dicksteinshapiro.com
`
`PATENT OWNER:
`
`Kent Chambers
`TERRILE, CANNATTI, CHAMBERS & HOLLAND LLP
`kchambers@tcchlaw.com
`
`Alisa Lipski
`AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING, P.C.
`alipski@azalaw.com
`
`David O’Brien
`John Russell Emerson
`HAYNES AND BOONE, LLP
`david.obrien.ipr@haynesboone.com
`russell.emerson.ipr@haynesboone.com
`
`
`
`
`
`
`
`
`
`4
`
`
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