SAP America, Inc. v. Versata Development Group, Inc.

Paper 37, January 9, 2013

CBM2012-00001 (MPT) (Patent 6,553,350)

[Upon instituting a proceeding, the Board will issue a scheduling order setting out due dates]

FACTS

Upon instituting the proceedings for CBM review, the Board issued this scheduling order setting the due dates.

HOLDING

The following due dates can be changed by stipulation of the parties to an earlier or later date but no later than the due date 4:

• Due date 1:
  • The patent owner must file any such response or motion to amend.
• Due date 2:
  • The petitioner must file any reply to the patent owner’s response and opposition to the motion to amend.
• Due date 3:
  • The patent owner must file any reply to the petitioner’s opposition to patent owner’s motion to amend

The following due dates cannot be changed:

• Due date 4:
  • The petitioner must file any motion for an observation on the cross examination testimony of a reply witness.
  • Each party must file any motion to exclude evidence and any request for oral argument.
• Due date 5:
  • The patent owner must file any reply to a petitioner observation on cross examination testimony.
  • Each party must file any opposition to a motion to exclude.
• Due date 6:
  • Each party must file any reply for a motion to exclude.
• Due date 7:
  • The oral argument (if requested by either party) is set

Cross examination begins after any supplemental evidence is due and ends no later than a week before the filing date for any paper in which the cross-examination testimony is expected to be used.

TAKEAWAY

Upon instituting a proceeding, the Board will issue a scheduling order setting out due dates. Due dates 1-3 may be changed by stipulation of the parties.

To view full Order click here.