Is It Time For A Patch To Be Applied To AIA?

Charles Gorenstein for Law 360

In April, a Texas federal judge denied a request by SAP America Inc. to vacate a $391 million patent infringement judgment in favor of Versata Software Inc. after SAP won a ruling from the U.S. Patent and Trademark Office, under the CBM program allowing for the review of certain business method patents, invalidating the patent-in-suit. The court held that obtaining a ruling from the Patent Trial and Appeal Board contrary to the court's findings on the validity of the patent-in-suit does not constitute “extraordinary circumstances” that would justify vacating a trial court's award.

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