By Dow Jones Business News,
January 21, 2014, 10:03:00 AM EDT
By Brent Kendall
WASHINGTON--The Supreme Court Tuesday rejected an appeal by software maker SAP AG challenging a $391 million patent-
infringement judgment won by Versata Software Inc.
The high court's refusal to hear the case means the judgment for Versata remains in place. A jury in Texas sided with
Versata in 2009, finding SAP infringed a company patent related to computer-based pricing of products. A federal appeals
court later upheld Versata's win.
Versata said its invention dramatically improved software that businesses use to calculate customized prices for
SAP said its software, as shipped to customers, didn't directly infringe the Versata patent. It argued it shouldn't be
held liable if customers modified the SAP software to infringe upon Versata's patented method.
SAP's petition to the Supreme Court also sought to put the case on ice while a lower court sorted out a separate
inquiry into the validity Versata's patent. SAP last year convinced an appeals board at the U.S. Patent and Trademark
Office to invalidate Versata's patent claims. The appeals board said Versata's patent was based on unpatentable abstract
ideas. Versata is now challenging that finding in a federal appeals court. It said SAP waited far too late to try to
postpone having to pay the $391 million.
The Supreme Court said in a brief written order that it wouldn't consider SAP's appeal. It offered no comment on the
Write to Brent Kendall at email@example.com
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