The damages are more than the $138.6 million SAP was ordered to pay Austin, Texas-based Versata in a 2009 verdict that was thrown out. U.S. Magistrate Judge Charles Everingham had ordered a new trial because of rulings by an appeals court specializing in patent law that set new rules on how financial penalties should be calculated. Wholesale Battery
The patent covers software that can help sales staff determine the most recent price for products and services. Walldorf, Germany-based SAP told jurors that customers weren’t buying its software for that feature, so any patent royalties should be low.
Versata will seek an injunction to stop the infringement, Scott Cole, a lawyer with McKool Smith who represented the Austin, Texas-based company, said following the verdict. Wholesale Computers
“This has been four hard fought years, and the evidence clearly shows that SAP’s use of our intellectual property caused harm,” Cole said. “It was a valuable invention.”
SAP said it’s disappointed with the judgment and is considering whether to appeal.
“We have said all along this is a very complex case,” Andy Kendzie, a company spokesman, said in a telephone interview. “Our attorneys are reviewing today’s filing and we will consider all legal options.”
SAP argued in court papers before the trial that Versata shouldn’t have been able to claim that it lost profit because the company hadn’t sold any of the software, called Pricer. Versata claimed it was undercut by SAP and pushed out of the market. LASER POINTERS
The case is Versata Software Inc. v. SAP America Inc., 07cv153, U.S. District Court, Eastern District of Texas (Marshall).
Teva, Mylan Anchen Win Patent Ruling Over Amrix Infringement
Teva Pharmaceutical Industries Ltd. (TEVA), Mylan Inc. and Anchen Pharmaceuticals Inc. won a case involving their planned generic version of the muscle-relaxant Amrix.
Cephalon Inc. (CEPH) and Eurand NV (EURX) sued for patent-infringement in 2008 in federal court in Delaware. U.S. District Judge Sue Robinson on May 11 decided that the patents aren’t valid because the technology would be obvious to a skilled chemist. wholesale car accessories
“Cephalon is reviewing the court’s opinion and is evaluating its options, including an appeal,” the company said May 13 in a U.S. Securities and Exchange Commission filing.
Teva, the world’s largest generic-drug maker, said on May 2 it agreed to buy Cephalon for about $6.2 billion.
Cephalon and Eurand filed the lawsuit after the generic drugmakers applied to the U.S. Food and Drug Administration for permission to make low-cost copies of Amrix. The companies had conceded that their version of the formula infringed and claimed the patents weren’t valid. wholesale ebook reader
The case is Cyclobenzaprine Hydrochloride Patent Litigation, 09-2118, U.S. District Court, District of Delaware (Wilmington).
To see the patents, click: 7,387,793, 7,544,372.
For more patent news, click here.
Trademark
Microsoft, Nokia Challenge Apple’s ‘App Store’ EU Trademark
Microsoft Corp. (MSFT) and Nokia Oyj (NOK1V) are among four technology companies challenging Apple Inc. (AAPL)’s European Union-wide trademarks for “Appstore” and “App Store.” wholesale netbook shop
Nokia, the world’s largest mobile-phone maker, Microsoft, Sony Ericsson Mobile Communications AB and HTC Corp. (2498) all filed separate requests May 12 with the EU trademark agency in Alicante, Spain, seeking to invalidate Apple’s trademark rights.
The companies “are seeking to invalidate Apple’s trademark registration for ‘APP STORE’ and ‘APPSTORE’ because we believe that they should not have been granted because they both lack distinctiveness,” according to a statement from Redmond, Washington-based Microsoft, the world’s largest software maker.
A decision by the agency could be appealed all the way to the EU’s top court in Luxembourg. Apple, which pioneered the sale of mobile-device applications, accounts for more than three-quarters of revenue in the industry -- even as Google Inc. (GOOG)’s app sales grow faster. Apple’s App Store offers more than 350,000 apps for iPhones, iPods and iPads. It will bring in $2.91 billion in revenue in 2011, up 63 percent from last year, according to researchers at El Segundo, California-based IHS ISuppli.
Amazon.com Inc. (AMZN) on April 15 opposed Apple’s two EU trademarks, according to documents on the trademark agency’s website. The dispute over the validity of the Apple rights has also reached the U.S., where Amazon, after being sued for trademark infringement by Apple, argued the intellectual property right was invalid.
Alan Hely, a U.K.-based spokesman for Cupertino, California-based Apple, declined to comment, saying the company doesn’t comment on pending litigation.
Mark Durrant, a spokesman for Espoo, Finland-based Nokia, and Sony Ericsson spokeswoman Mandy Slater confirmed the companies also objected to the trademark registration.
The phrase “means just what it says, a store for ‘apps,’ which in itself is a generic term for the services that the trademark registrations cover,” Durrant said in an e-mail.
Sony Ericsson Says Trademark Litigation With Clearwire Resolved
Sony Ericsson Mobile Communications AB and its U.S. unit Sony Ericsson Mobile Communications Inc. reported on May 13 the resolution of trademark litigation initiated against Clearwire Corp. (CLWR) and its primary operating unit, Clearwire Communications LLC.
The litigation involved Sony Ericsson’s contention that Clearwire was using logos which infringed Sony Ericsson’s trademark.
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