Attorneys from McKool Smith have secured a $391 million court judgment in favor of firm client Versata Software Inc., a pioneer in front-office enterprise software, following a successful patent infringement lawsuit against global software giant SAP America Inc. (NYSE: SAP) and its German-based parent company SAP AG.

Judge Charles Everingham IV of the U.S. District Court for the Eastern District of Texas in Marshall, Texas signed the judgment on September 9, 2011.  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 $260 million verdict 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, which were redesigned in May 2010, continued to infringe the ‘350 patent. The ‘350 patent was issued in 2003 and found not to be invalid in 2009.

The $391 million judgment entered by Judge Everingham includes more than $63 million in prejudgment interest.  The case is Versata Software Inc., et al. v. SAP America Inc., et al., 2:07-CV-153 (E.D. Tex.).

The McKool Smith team representing Versata included firm principals Sam Baxter, Steve Pollinger, Joel Thollander, and associate Joshua Budwin.

With more than 165 litigators across offices in New York, Washington, DC, Texas, and California, McKool Smith has established a reputation as one of America’s leading trial firms. The firm has won more National Law Journal and VerdictSearch “Top 100 Verdicts over the last five years than any other law firm. McKool Smith represents leading clients across a broad range of practice areas, including complex commercial litigation, intellectual property, bankruptcy, and white collar defense.

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