New Trial for Damages Granted After SAP's Post Trial Motion

Versata Software's verdict for $139 million has been set aside after Magistrate Judge Charles Everingham considered the Federal Circuit's recent decisions regarding damages, most notably influenced by three recent cases. A new trial for damages has been ordered after SAP's post trial motion convinced the court that it erred by including testimony from the plaintiff's expert witness and therefore has "affected SAP's substantial rights," Judge Everingham said.

In 2007, Versata Software Inc. sued SAP, claiming their enterprise software infringed two of Versata's patents for pricing software. In August 2009, a jury awarded Versata nearly $139 million in damages. Shortly after the ruling, SAP motioned for a new trial on damages, stating the expert witness's estimation of royalties did not properly account for the evidence presented at trial.

Judge Everingham has scheduled a pretrial conference for April 25.