`Tel: 571-272-7822
`
`Paper 7
`Entered: January 11, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`FORD MOTOR COMPANY,
`Petitioner,
`
`v.
`
`VERSATA SOFTWARE, INC.,
`Patent Owner.
`____________
`
`Cases: CBM2016-00100 (Patent 8,805,825 B1)
`CBM2016-00101 (Patent 7,739,080 B1)1
`
`_______________
`
`
`
`
`
`Before SALLY C. MEDLEY, KEVIN F. TURNER, and JAMES B. ARPIN,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 This decision addresses similar issues in each case. The parties are not
`authorized to use this heading style without authorization from the Board.
`
`
`
`CBM2016-00100 (Patent 8,805,825 B1)
`CBM2016-00101 (Patent 7,739,080 B1)
`
`A conference call in the above proceedings was held on January 11,
`
`2017, along with respective counsel for Petitioner and Patent Owner, and
`Judges Medley, Turner, and Arpin.2 Petitioner requested the call to seek
`authorization to file a reply in each of the above proceedings to Patent
`Owner’s Preliminary Responses addressing (1) the impact of Unwired
`Planet, LLC v. Google Inc., No. 2015-1812, -- F.3d --, 2016 WL 6832978
`(Fed. Cir. Nov. 21, 2016), decided after Petitioner filed its Petition in the
`above proceedings and cited by Patent Owner in its Preliminary Responses,
`and (2) whether certain claims of the challenged patents that were statutorily
`disclaimed by Patent Owner should be considered in determining whether
`the challenged patents are eligible for covered business method patent
`reviews. After hearing from the parties, we determined that Petitioner has
`demonstrated good cause for filing a reply in each proceeding and that
`limited additional briefing from both parties would be helpful to the panel.
`See 37 C.F.R. §§ 42.20(d), 42.108(c). The parties are not authorized to file
`any new evidence in support of their respective submissions.
`
`Accordingly, it is:
`
`ORDERED that Petitioner is authorized to file a reply in each of the
`above-captioned proceedings to Patent Owner’s Preliminary Response,
`limited to three pages and to the issues identified above, by January 18,
`2017; and
`
`
`2 A court reporter, retained by Patent Owner, was present on the call. Patent
`Owner shall file a transcript of the call as an Exhibit, once the transcript is
`available.
`
` 2
`
`
`
`
`
`
`
`CBM2016-00100 (Patent 8,805,825 B1)
`CBM2016-00101 (Patent 7,739,080 B1)
`
`
`FURTHER ORDERED that Patent Owner is authorized to file a sur-
`reply in each of the above-captioned proceedings, limited to three pages, by
`January 25, 2017.
`
`
`
`PETITIONER:
`
`Thomas A. Lewry
`Christopher C. Smith
`John S. LeRoy
`Frank A. Angileri
`John P. Rondini
`Jonathan D. Nikkila
`BROOKS KUSHMAN P.C.
`tlewry@brookskushman.com
`csmith@brookskushman.com
`jleroy@brookskushman.com
`jrondini@brookskushman.com
`jnikkila@brookskushman.com
`fangileri@brookskushman.com
`FPGP0130CBMR1@brookskushman.com
`
`
`
`PATENT OWNER:
`
`Robert Greene Sterne
`Salvador M. Bezos
`Michelle K. Holoubek
`Jonathan Tuminaro
`Joseph E. Mutschelknaus
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`rsterne@skgf.com
`sbezos-ptab@skgf.com
`holoubek@skgf.com
`jtuminar-ptab@skgf.com
`jmutsche-ptab@skgf.com
`
` 3
`
`
`
`
`
`
`
`CBM2016-00100 (Patent 8,805,825 B1)
`CBM2016-00101 (Patent 7,739,080 B1)
`
`
`
`
`Kent B. Chambers
`TERRILE, CANNATTI, CHAMBERS & HOLLAND, LLP
`lchambers@tcchlaw.com
`
`
`
`Sharoon Saleem
`JONES & SPROSS, P.L.L.C.
`Sharron.saleem@jonesspross.com
`
`
` 4
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