SAP Files Petition for Post-grant Review of Versata Patent
- September 17, 2012
September 17, 2012- Yesterday, SAP submitted a petition for post-grant review of a “covered business method patent”, Versata Software’s 6,553,350 patent. In May 2011, a Texas jury ordered SAP to pay $345 million to Versata after a second trial on damages. European enterprise software provider, Versata, originally filed suit against SAP in April 2007 alleging infringement of five patents. Although four of the five patents-in-suit were eventually eliminated over the course of the litigation, a jury ruled in August 2009 that SAP infringed the fifth patent (related product pricing information management) and awarded $139 million to Versata. The award was subsequently set aside by the judge after a determination was made that it was based on inadmissible testimony by an expert representing Versata. A new trial on damages was ordered. At the time, SAP heralded the new trial as a victory and the company sought to have damages reduced to just $2.03 million. Instead, the award amount was increased dramatically after conclusion of the new trial. $260 million was awarded for lost profits and $85 million was awarded as a reasonable royalty. Versata is currently asserting patents in five pending litigations against software companies (but none of the suits currently includes the ’350 patent).