Judge sets aside $US139M verdict in SAP-Versata patent suit

SAP will get a new trial for damages in the case, which determined it had violated Versata patents

A federal judge has set aside the $US139 million judgment against SAP that a jury awarded Versata Software in August 2009, according to a ruling filed Thursday in U.S. District Court for the Eastern District of Texas.

In a motion filed in October 2009, SAP had argued that testimony given by Christopher Bakewell, an expert witness on damages for Versata, should have been stricken, on grounds he used an improper methodology.

"Mr. Bakewell improperly relied upon the entire market value of SAP's accused products ... in urging the jury to award a running royalty of $70 for every one of the 2,792,199 SAP user 'seats' included in his royalty base," the motion stated. "Once Mr. Bakewell's improper opinions are excluded, the largest damages award supported by the evidence at trial is $2.03 million

Judge Charles Everingham IV's ruling Thursday found that the court had "erred when it admitted Mr. Bakewell's testimony and his damages model. That error affected SAP's substantial rights."

The judge ordered a new trial on damages be held, with jury selection slated for April 29, according to the ruling.

"We're encouraged by this initial action and our attorneys are reviewing it as we speak," SAP spokesman Andy Kendzie said.

Versata could not immediately be reached for comment.

The company had alleged that SAP's Business Suite software and associated services violated a number of its patents. Formerly known as Trilogy Software, Versata sells products for business rules management, product configuration and other areas.

Meanwhile, SAP is still faced with the landmark $1.3 billion judgment a jury recently awarded Oracle in connection with its corporate-theft suit against the company. SAP has not ruled out an appeal of the award.

Chris Kanaracus covers enterprise software and general technology breaking news for The IDG News Service. Chris's e-mail address is Chris_Kanaracus@idg.com

Join the PC World newsletter!

Error: Please check your email address.

Tags business issuesintellectual propertySAPCivil lawsuitslegalsoftwareVersata SoftwareOracle

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Chris Kanaracus

IDG News Service
Show Comments

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?