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McKool Smith Wins $345 Million Verdict for Versata Software in Texas Damages Retrial

May 13, 2011

MARSHALL, Texas – McKool Smith has won a $345 million verdict awarding damages to Austin, Texas-based Versata Software Inc. in a patent infringement trial against global software giant SAP America Inc. (NYSE: SAP) and its German-based parent company SAP AG.

Versata, a pioneer in front-office enterprise software, originally won a $138.6 million verdict against SAP in August 2009 in the U.S. District Court for the Eastern District of Texas before the Hon. Charles Everingham IV. That verdict was set aside, with Judge Everingham ordering a new trial on damages. The case is Versata Software Inc., et al. v. SAP America Inc., et al., 07-CV-00153.

The McKool Smith team representing Versata included firm principals Scott ColeSam Baxter, Steve Pollinger, Rosemary Snider and Laurie Gallun Fitzgerald, and associates Kevin Kneupper, Joshua Budwin, and Leah Buratti.

The jury verdict issued May 13, 2011, followed a one-week trial. Versata was awarded $260 million in 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, which was issued in 2003 and found to be valid in 2009. Jurors also found that SAP’s products, which had been redesigned in May 2010, continued to infringe the ‘350 patent.

With more than 130 litigators working as an integrated team across offices in New York, Washington, DC, and Texas, McKool Smith has established a reputation as one of America’s leading trial firms. The firm has been recognized by The National Law Journal and Verdict Search for winning more Top 100 Verdicts than any other U.S. law firm during the past three years. McKool Smith represents leading clients across a broad range of practice areas, including complex commercial litigation, intellectual property, bankruptcy, and white collar defense.