XimpleWare, Corp v. Versata Software, Inc. et al

Filing 119

ORDER RE: PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (Illston, Susan) (Filed on 11/10/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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XIMPLEWARE CORP.,

Case No. 13-cv-05160-SI

Plaintiff,
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ORDER RE: PLAINTIFF’S MOTION
FOR PRELIMINARY INJUNCTION

v.
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VERSATA SOFTWARE, INC., et al.,
Defendants.

United States District Court
Northern District of California

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Plaintiff XimpleWare’s Motion for Preliminary Injunction is scheduled to come before the

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Court on November 21, 2014. XimpleWare argues that defendant Versata has failed to do the

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things it promised to do over ten months ago at the hearing on XimpleWare’s motion for a

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temporary restraining order.

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represented that it had no new sales of its DCM software; it did not anticipate any additional sales

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during the 2013 calendar year; that all references to XML in the previously-created versions of

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DCM were removed; and that a patch was created and would be sent to all of Versata’s customers.

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Docket No. 46, pg. 37. The Court accepted Versata's representations and denied the requested

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preliminary injunction. The Court also stated that it would require, in the future, proof that

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Versata did in fact do what it promised it would. Id.

Motion at 6; Reply at 2.

At the previous hearing, Versata

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XimpleWare contends that to date, XimpleWare has not been provided with any evidence

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of Versata’s delivery of a successful patch to its customers. Docket No. 103, Russo Decl. ¶ 8;

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Docket No. 104, Halliburton Decl. ¶ 5; Reply at 2. Versata maintains that all of its customers

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which are currently running its DCM have received a patch that eliminates any reference to or use

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of VTD-XML in the software. Opp. at 5. Versata also stated that it had not provided XimpleWare

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a list of customers to which the patch had been delivered, but would do so once a protective order

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was entered in this case. Id. n.1. The protective order in this case was issued on October 27,

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2014. Docket No. 116.

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At the motion hearing scheduled for November 21, 2014, Versata should be prepared

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to present to the Court and to XimpleWare proof that the patch is installed and functioning

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for all of Versata’s customers, as well as a statement from Ameriprise that the second patch

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provided by Versata is now functioning.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: November 10, 2014
______________________________________
SUSAN ILLSTON
United States District Judge

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