On May 1, 2013, the US Federal Circuit Court of Appeals held that even when a company adapted a software pricing system that prevented users from saving data into certain fields, the jury finding of a direct infringement was upheld. In Versata Software, Inc. v SAP AM., Inc. the plaintiff had a pending patent on a pricing system, and sold it as an addition to companies like the defendant software maker SAP. While Versata’s patent application was pending, SAP released a new version of its software that infringed the plaintiff’s product. The Defendant thereafter modified its own product to make it less available to users. But the jury concluded that the products still infringed and awarded plaintiff $260 million in lost profits and royalties of $85 million.
View the case via Justina US Law: http://law.justia.com/cases/federal/appellate-courts/cafc/12-1029/12-1029-2013-05-01.html?utm_source=Justia+Law&utm_campaign=f6371ef6b9-summary_newsletters_practice&utm_medium=email&utm_term=0_92aabbfa32-f6371ef6b9-406004917