Determination of Unpatentability in CBM Review Does Not Warrant Relief From $391 Million Judgment

The court denied defendant's motion for relief from a judgment of more than $391 million based upon the PTAB's non-final decision during CBM review that the asserted claims were unpatentable. "Defendants assert that the PTAB has issued a non-final decision that the asserted claims are invalid. Of course, on the other hand, there is a final judgment in this case finding that the claims are valid. . . . Defendants have taken advantage of a full and fair opportunity to litigate the validity of the patent before this Court, before the jury, and before the Federal Circuit, even pursuing a writ to the United States Supreme Court. To hold that later proceedings before the PTAB can render nugatory that entire process, and the time and effort of all of the judges and jurors who have evaluated the evidence and arguments would do a great disservice to the Seventh Amendment and the entire procedure put in place under Article III of the Constitution. . . . Defendants rely heavily on the amount of the judgment in arguing for a stay. However, the jury’s damage award has been closely reviewed by both this Court and the Federal Circuit and found to be proper. There is also no showing that the amount of the judgment would cause undue harm to the Defendants."

Versata Software, Inc. et al v. SAP America, Inc. et al, 2-07-cv-00153 (TXED April 21, 2014, Order) (Payne, M.J.)