VIRTUALAGILITY INC. v. SALESFORCE.COM, INC.

No. 2014-1232.

759 F.3d 1307 (2014)

VIRTUALAGILITY INC, Plaintiff-Appellee, v. SALESFORCE.COM, INC., Dell, Inc., Dr. Pepper Snapple Group, Inc., Kimberly-Clark Corporation, NBCUniversal, Inc., Livingsocial, Inc., Fedex Corporation, BMC Software, Inc., Bank of America Corporation, Bank of America National Association, Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, and Fedex Corporate Services, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

July 10, 2014.


Attorney(s) appearing for the Case

Christian John Hurt , Nix Patterson & Roach LLP, of Irving, TX, argued for plaintiff-appellee. With him on the brief were Edward K. Chin and Andrew Joseph Wright ; and Derek T. Gilliland , of Daingerfield, TX. Of counsel was D. Neil Smith , of Irving, TX.

Jose C. Villarreal , Wilson, Sonsini, Goodrich & Rosati, PC, of Austin, TX, argued for defendants-appellants. With him on the brief was Darryl J. Adams , Baker Botts, LLP, of Austin, TX, for Kimberly-Clark Corporation. Of counsel were Joel Christian Boehm and Brian David Range , Wilson, Sonsini, Goodrich & Rosati, PC, of Austin, TX; and Kevin J. Meek , Baker Botts, LLP, of Austin, TX.

Dissenting opinion filed by Circuit Judge NEWMAN.


MOORE, Circuit Judge.

Salesforce.com, Inc. and other defendants (collectively, Defendants)1 appeal from the district court's order denying their joint motion to stay VirtualAgility Inc.'s (VA) patent infringement lawsuit against Defendants pending post-grant review of the validity of VA's asserted claims under the Transitional Program for Covered Business Method Patents (CBM program). We reverse.

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