On Tuesday, June 11, the USPTO’s Patent Trial and Appeal Board (PTAB) ruled in favor of Finnegan client SAP, finding “that the patent claims owned by closely held Versata Software Inc. should be canceled because they seek to cover a mental process rather than an actual invention.” SAP spokesperson Andy Kendzie said the decision is “a very significant and positive milestone for us.”
The PTAB review was “the first of its kind under a new proceeding created by Congress to reconsider issued patents for finance-related business methods” and may impact an SAP petition currently pending before the U.S. Court of Appeals for the Federal Circuit. Finnegan partner Erika Arner said “It’s a very unique situation where you have a case still pending at the Federal Circuit with an infringement decision and a pretty large damage award.” Finnegan represented SAP in this matter.
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