So what happened? Versata ended up more than doubling its original verdict, winning $345 million from a federal jury in Marshall, Tex. on Friday. Versata was awarded $260 million in lost profits and $85 million in reasonable royalties because of SAP’s infringement of a patent related to pricing technology. The jury also found SAP has continued to infringe the patent.
“The difference is this time we [asked for] lost profits, and the last time we did not,” McKool’s Sam Baxter told us on Monday. In the 2009 trial, Baxter’s team made a tactical decision to ask just for royalties, and not for lost profits, because royalty cases are easier to try, Baxter told us.
