`Tel: 571-272-7822
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Paper 19
`
` Entered: November 24, 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 CBM2013-00052 (Patent 7,904,326 B2)
`CBM2013-00053 (Patent 7,958,024 B2)
`CBM2013-00054 (Patent 7,908,304 B2)
`CBM2014-00117 (Patent 7,908,304 B2)
`CBM2014-00118 (Patent 7,958,024 B2)
`____________
`
`
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`KEVIN F. TURNER, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`
`
`On November 13, 2014, the parties informed the Board that the parties had
`
`
`
`CBM2013-00052, 00053, 00054; CBM2014-00117, 118
`Patents 7,904,326; 7,958,024; 7,908,304
`
`
`settled the proceedings, along with the related District Court case, and that the
`parties sought authorization to file a joint motion to terminate the proceedings. On
`November 19, 2014, and pursuant to 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74, the
`parties filed a joint motion to terminate each proceeding. See, e.g., CBM2013-
`00052, Paper 49. In the joint motion, the parties represent that the settlement
`agreement filed is a true copy and resolves all Patent Office and District Court
`proceedings between the parties, including related case Versata Software, Inc. v.
`Callidus Software, Inc., Civ. A. No. 1:12-cv-00931-SLR (D. Del.). Id. at 3.
`According to the motions, no other party has petitioned for a covered business
`method patent review or an inter partes review with respect to any of the involved
`patents and none of the patents are involved in any litigation or any other
`proceeding.
`These covered business method patent reviews were instituted for the
`involved patents based solely upon Petitioner’s assertion that certain claims in the
`involved patents are unpatentable under 35 U.S.C. § 101. While three of these
`proceedings are in the late stages of trial, no final written decision has been made
`in any proceeding. Based on the facts of these cases, it is appropriate to enter
`judgment.1 Therefore, the joint motions to terminate the proceedings are granted.
`Accordingly, it is
`ORDERED that the parties’ joint request that the settlement agreement be
`treated as business confidential information, to be kept separate from the patent file
`
`
`1 A judgment means a final written decision by the Board, or a termination of a
`
`
`
` 2
`
`
`
`CBM2013-00052, 00053, 00054; CBM2014-00117, 118
`Patents 7,904,326; 7,958,024; 7,908,304
`
`
`is granted; and
`FURTHER ORDERED that the joint motions to terminate the proceedings
`are granted; and
`FURTHER ORDERED that the proceedings are terminated.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`proceeding. 37 C.F.R. § 42.2.
`
`
`
` 3
`
`
`
`CBM2013-00052, 00053, 00054; CBM2014-00117, 118
`Patents 7,904,326; 7,958,024; 7,908,304
`
`
`PETITIONER:
`Deborah Fishman
`fishmand@dicksteinshapiro.com
`Jeffrey Miller
`millerj@dicksteinshapiro.com
`Michael Tonkinson
`tonkinsonm@dicksteinshapiro.com
`Assad Rajani
`rajania@dicksteinshpiro.com
`
`
`PATENT OWNER:
`Kent Chambers
`kchambers@tcchlaw.com
`Alisa Lipski
`alipski@azalaw.com
`David O’Brien
`david.obrien.ipr@haynesboone.com
`
`John Russell Emerson
`russell.emerson.ipr@haynesboone.com
`
`Raghav Bajaj
`raghav.bajaj.ipr@haynesboone.com
`
`
`
`
`
` 4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
