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VERSATA DEVELOPMENT CORP. v. REA

Case No. 1:13-cv-328 (GBL/IDD).

959 F.Supp.2d 912 (2013)

VERSATA DEVELOPMENT CORP., Plaintiff, v. Teresa Stanek REA, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office, Defendant, SAP America, Inc. & SAP AG, Defendant-Intervenors.

United States District Court, E.D. Virginia, Alexandria Division.

August 7, 2013.

Attorney(s) appearing for the Case

Robert Danny Huntington , Martin Moss Zoltick , Rothwell Figg Ernst & Manbeck, Washington, DC, for Plaintiff.

Neil H. MacBride , U.S. Attorney, Dennis C. Barghaan, Jr. , Assistant U.S. Attorney, William LaMarca and Joseph Matal , Associate Solicitors, United States Patent and Trademark Office, Alexandria, VA, for Defendant.

Elizabeth Diane Ferrill , Finnegan Henderson Farabow Garrett & Dunner LLP, Washington, DC, for Defendant-Intervenors.

MEMORANDUM OPINION AND ORDER

GERALD BRUCE LEE, District Judge.

THIS MATTER is before the Court on Defendant Teresa Stanek Rea's and Intervenors SAP America, Inc. and SAP AG's Motions to Dismiss for lack of subject matter jurisdiction. (Docs. 16, 39.) This case concerns the claims of Versata Development Group, Inc., by virtue of the Administrative Procedure Act ("APA"), that the United States Patent and Trademark Office ("PTO"), through...

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