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James R. Barney

SAP Wins New Damages Trial in $139M Versata IP Case

January 6, 2011

Law360

A magistrate judge on Thursday set aside a $139 million verdict and ordered a new trial in Versata Software Inc.'s infringement suit against SAP AG, over patents for product pricing programs. Magistrate Judge Charles Everingham IV, of the U.S. District Court for the Eastern District of Texas, granted SAP's motion for a new trial on damages, saying the award was based on inadmissible testimony from Versata damages expert Christopher Bakewell. In an October 2009 motion for a new trial on damages, SAP argued that Bakewell estimated a royalty based on the entire market value of the defendant's accused products, not accounting for the value of the nonpatented features in the software. It said that Bakewell's testimony urged the jury to award unreasonable damages. SAP is represented by Finnegan.

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