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

Certiorari Denied

Petition for certiorari denied on January 21, 2014.

Docket No.13-716
Op. BelowFed. Cir.

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.

Proceedings & orders timeline

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

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