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SAP America, Inc. v. Versata Software, Inc.

Petition for certiorari denied on January 21, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-716 Fed. Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether a computer software manufacturer may be liable for direct infringement of a patent drawn to computer instructions where the software, as shipped, does not contain sufficient instructions to perform the claimed operations; (2) whether flaws in an expert’s methodology may be raised as part of a challenge to the sufficiency of the evidence or only to the testimony’s admissibility; and (3) whether a patent infringement action should be stayed where the Patent Trial and Appeal Board has declared invalid all patent claims at issue in the infringement action and the defendant, which sought such review at the first opportunity, might otherwise be compelled to pay an enormous damages judgment and be subjected to a permanent injunction on the basis of the invalid claims.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 23 2013Application (13A414) to extend the time to file a petition for a writ of certiorari from November 12, 2013 to December 12, 2013, submitted to The Chief Justice.
Oct 24 2013Application (13A414) granted by The Chief Justice extending the time to file until December 12, 2013.
Dec 12 2013Petition for a writ of certiorari filed. (Response due January 15, 2014)
Dec 12 2013Appendix of SAP America, Inc., et al. filed.
Dec 17 2013Brief of respondents Versata Software, Inc., fka Trilogy Software, Inc., et al. in opposition filed.
Dec 30 2013Reply of petitioners SAP America, Inc., et al. filed.
Dec 30 2013Brief amici curiae of Fourteen amici curiae, American Bankers Assn., et al. filed. (Distributed)
Dec 31 2013DISTRIBUTED for Conference of January 17, 2014.
Jan 3 2014Brief amici curiae of Hewlett-Packard Co., et al. filed. (Distributed)
Jan 3 2014Brief amici curiae of Citrix Systems, Inc., et al. filed. (Distributed)
Jan 15 2014Letter of January 15, 2014, from counsel for petitioners received. (Distributed)
Jan 16 2014Letter of January 16, 2014, from counsel for respondent Versata Software, Inc. received. (Distributed)
Jan 17 2014Letter of January 17, 2014, from counsel for petitioners received. (Distributed)
Jan 21 2014Petition DENIED.