Federal Circuit Upholds McKool Smith's $391 Million Judgment for Versata
DALLAS, May 1, 2013
DALLAS, May 1, 2013 /PRNewswire/ -- McKool Smith announced today that the U.S.
Court of Appeals for the Federal Circuit has upheld the firm's $391 million
judgment for Versata Software Inc. against SAP America, Inc. (NYSE: SAP) and
its German-based parent company SAP AG. Mike McKool, the firm's Chairman and
co-Founder, argued the case before the Court of Appeals on February 4, 2013.
McKool Smith originally secured a $138.6 million verdict for Versata against
SAP in August 2009. That verdict was set aside, and a second trial was held in
May 2011. McKool Smith represented Versata in the second trial, and secured a
$345 million verdict, including $260 million for lost profits and $85 million
in reasonable royalties based on the finding that SAP infringed a Versata
patent related to pricing technology – U.S. Patent No. 6,553,350 B2. Jurors
also found that SAP's products continued to infringe the '350 patent.
In September 2011, former U.S. Magistrate Judge Charles Everingham IV entered
a final judgment of $391 million for Versata against SAP America, Inc. and SAP
AG, which included more than $63 million in prejudgment interest.
The McKool Smith team representing Versata included principals Sam Baxter,
Steve Callahan, Scott Cole, Laurie Fitzgerald, Mike McKool, Steve Pollinger,
Rosemary Snider, Ted Stevenson, John Shumaker, and Joel Thollander; senior
counsel Laura Handley and Martin Robson; and associates Kristina Baehr, Ada
Brown, Josh Budwin, Leah Buratti, Gretchen Curran, and Kevin Kneupper.
The case is Versata Software Inc., et al. v. SAP America Inc., et al.,
2:07-CV-153 (E.D. Tex.).
With more than 175 trial lawyers across offices in Austin, Dallas, Houston,
Los Angeles, Marshall, New York, Silicon Valley, and Washington, DC, McKool
Smith has established a reputation as one of America's leading trial firms.
Over the past seven years, the firm has secured seven nine-figure jury
verdicts, as well as seven eight-figure jury verdicts. The firm has also won
moreNational Law JournalandVerdictSearch"Top 100 Verdicts" over the last
five years than any other law firmin the country. Courtroom successes like
these have earned McKool Smith critical acclaim and helped the firm become
whatThe Wall Street Journaldescribes as "one of the biggestlaw firm success
stories of the past decade." McKool Smith represents leading
clientsincomplex commercial litigation, intellectual property, bankruptcy,
and white collar defense matters.
For more information, please contact Diane Iselin at 212-402-9486 or
SOURCE McKool Smith
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