The PTAB has, without request from SAP, provided SAP an opportunity to respond to new issues, specifically the effect of recent Federal Circuit decisions on the decision in CBM 2012-001.
The text of the order, entered on July 15, 2013 is provided below:
Patent owner Versata filed a motion for rehearing (Paper 71) of the Board’s Final Written Decision (Paper 70). Versata’s motion raises at least two issues that SAP has not yet had an opportunity to brief. Specifically, SAP has not yet had an opportunity to brief how the following two Federal Circuit’s decisions affect this proceeding: Ultramercial, Inc. v. Hulu, LLC, 107 USPQ2d 1193 (Fed. Cir. 2013) and Versata Software Inc. v. SAP America Inc., 106 USPQ2d 1649 (Fed. Cir. 2013).
The Board authorizes SAP to file an opposition to Versata’s motion for rehearing. The opposition is limited to addressing the impact, if any, the two recent Federal Circuit decisions have on the Board’s Final Written Decision. SAP’s opposition is due no later than July 18, 2013.
Versata’s petition for rehearing is not available, at this time, for public viewing, so it is unclear what exact arguments Versata made that prompted this sua sponte order.
So all of us who are waiting with bated breath for the final resolution of the first CBM/IPR at the PTAB level will have to wait at least a few more days as the saga continues.