The U.S. Supreme Court recently refused to hear an appeal by SAP of a $391 million judgment awarded to Versata Software in a patent suit.
Although the jury award was affirmed by the U.S. Court of Appeals for the Federal Circuit, the patent at issue was found invalid by the Patent Trial and Appeal Board in its first decision under the America Invents Act (AIA). Utilizing the AIA post grant review process, SAP filed a covered business method challenge of Versata’s patent and asked the court of appeals to stay the judgment until patent validity was determined. The court of appeals denied the stay prompting SAP to file its petition with the U.S. Supreme Court.