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Federal Circuit Upholds McKool Smith’s $391 Million Judgment for Versata

May 1, 2013

DALLAS -- 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, Scott Cole, Laurie Fitzgerald, Mike McKool, Steve Pollinger, Rosemary Snider, Ted Stevenson, and Joel Thollander; senior counsel Laura Handley; and associates Kristina Baehr, 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 more National Law Journal and VerdictSearch "Top 100 Verdicts" over the last five years than any other law firm in the country. Courtroom successes like these have earned McKool Smith critical acclaim and helped the firm become what The Wall Street Journal describes as “one of the biggest law firm success stories of the past decade.” McKool Smith represents leading clients in complex commercial litigation, intellectual property, bankruptcy, and white collar defense matters.