Denying Leave to File a Motion to Expedite Patent Owner’s Preliminary Response CBM2014-00117; CBM2014-00118


Takeaway: It is possible to expedite the due date for a patent owner’s preliminary response, but petitioner must show good cause.

In its Order, the Board denied Petitioner’s request to file a motion to modify the default due date for Patent Owner’s preliminary responses. Petitioner had filed petitions against the same two patents-at-issue as in these two proceedings on August 29, 2013. Petitioner wanted to expedite institution of the two instant proceedings that were filed on April 17, 2014 in order to join them with the proceedings filed on August 29, 2013.

The three-month due date, set under 37 C.F.R. § 42.207(b), for a patent owner to file its preliminary response is the default, but may be modified by order. 37 C.F.R. § 42.5(c). The Board noted that the other two proceedings had been instituted on March 4, 2014 and were well underway such that it would be impractical to set due dates near to those in the related cases, assuming that trials are instituted in these proceedings. Because the cause provided by the Petitioner for expediting was impractical, the Board determined that Petitioner had not shown good cause to modify the due date for Patent Owner’s preliminary responses.

Callidus Software Inc. v. Versata Development Group, Inc., CBM2014-00117; CBM2014-00118
Paper 7: Order on Conduct of the Proceeding
Dated: May 8, 2014
Patent 7,908,304 B2; 7,958,024 B2
Before: Howard B. Blankenship and Sally C. Medley
Written by: Blankenship
Related Proceedings: CBM2013-00053; CBM2013-00054