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

Filing 119


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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 XIMPLEWARE CORP., Case No. 13-cv-05160-SI Plaintiff, 8 ORDER RE: PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION v. 9 10 VERSATA SOFTWARE, INC., et al., Defendants. United States District Court Northern District of California 11 12 13 Plaintiff XimpleWare’s Motion for Preliminary Injunction is scheduled to come before the 14 Court on November 21, 2014. XimpleWare argues that defendant Versata has failed to do the 15 things it promised to do over ten months ago at the hearing on XimpleWare’s motion for a 16 temporary restraining order. 17 represented that it had no new sales of its DCM software; it did not anticipate any additional sales 18 during the 2013 calendar year; that all references to XML in the previously-created versions of 19 DCM were removed; and that a patch was created and would be sent to all of Versata’s customers. 20 Docket No. 46, pg. 37. The Court accepted Versata's representations and denied the requested 21 preliminary injunction. The Court also stated that it would require, in the future, proof that 22 Versata did in fact do what it promised it would. Id. Motion at 6; Reply at 2. At the previous hearing, Versata 23 XimpleWare contends that to date, XimpleWare has not been provided with any evidence 24 of Versata’s delivery of a successful patch to its customers. Docket No. 103, Russo Decl. ¶ 8; 25 Docket No. 104, Halliburton Decl. ¶ 5; Reply at 2. Versata maintains that all of its customers 26 which are currently running its DCM have received a patch that eliminates any reference to or use 27 of VTD-XML in the software. Opp. at 5. Versata also stated that it had not provided XimpleWare 28 a list of customers to which the patch had been delivered, but would do so once a protective order 1 was entered in this case. Id. n.1. The protective order in this case was issued on October 27, 2 2014. Docket No. 116. 3 At the motion hearing scheduled for November 21, 2014, Versata should be prepared 4 to present to the Court and to XimpleWare proof that the patch is installed and functioning 5 for all of Versata’s customers, as well as a statement from Ameriprise that the second patch 6 provided by Versata is now functioning. 7 8 9 10 United States District Court Northern District of California 11 IT IS SO ORDERED. Dated: November 10, 2014 ______________________________________ SUSAN ILLSTON United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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