VERSATA SOFTWARE, INC. v. SAP AMERICA, INC.

Nos. 2012-1029, 2012-1049.

717 F.3d 1255 (2013)

VERSATA SOFTWARE, INC. (formerly known as Trilogy Software, Inc.), Versata Development Group, Inc. (formerly known as Trilogy Development Group, Inc.), and Versata Computer Industry Solutions, Inc. (formerly known as Trilogy Computer Industry Solutions, Inc.), Plaintiffs-Cross Appellants, v. SAP AMERICA, INC. and SAP AG, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

May 1, 2013.


Attorney(s) appearing for the Case

Mike McKool , McKool Smith, P.C., of Dallas, argued for plaintiffs-cross appellants. With him on the brief were Douglas A. Cawley ; Scott L. Cole and Joel L. Thollander , of Austin, TX.

J. Michael Jakes , Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendants-appellants. With him on the brief were Michael A. Morin , John M. Williamson And Jennifer K. Robinson. Of counsel on the brief were James R. Batchelder and Lauren N. Robinson , Robert & Gray L.L.P., of Palo Alto, CA; David J. Ball, Jr. , Paul, Weiss, Rifkind, Wharton & Garrison L.L.P., of Washington, DC; Katherine K. Lutton , Fish & Richardson, P.C., of Redwood City, John W. Thornburgh , Justin M. Barnes and Craig E. Countryman , Fish & Richardson, P.C., of San Diego, Kevin R. Hamel , SAP America, Inc., of Newtown Square, PA. Of counsel was Kenneth A. Gallo , Paul, Weiss, Rifkind, Wharton & Garrison L.L.P, of Washington, DC.

Before RADER, Chief Judge, PROST and MOORE, Circuit Judges.


RADER, Chief Judge.

After a jury verdict of infringement with an award of damages in favor of Versata Software, Inc., Versata Development Group, Inc., and Versata Computer Industry Solutions, Inc. (collectively "Versata"), SAP America, Inc. and SAP AG (collectively "SAP") appeal. Ultimately, the trial court found no infringement of the U.S. Patent No. 5,878,400. The jury found infringement of three claims of U.S. Patent No. 6,553,350. Subsequently, the trial court...

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