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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`VERSATA SOFTWARE, INC., ET AL.
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`vs.
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`SAP AMERICA, INC. AND SAP AG
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`ORDER
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`CASE NO. 2:07-CV-153-CE
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`Pending before the court are the defendants SAP America, Inc. and SAP AG' s (collectively,
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`"SAP") supplemental motion for judgment as a matter of law ("JMOL") on damages issues (Dkt.
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`No. 312), motion for remittitur or new trial on damages (Dkt. No. 348), and renewed motion for
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`JMOL on damages (Dkt. No. 350). In light of the Federal Circuit's recent decisions on damages,
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`including ResQNet.com, Inc. v. Lansa, Inc., 594 F.3d 860 (Fed. Cir. 2010); Lucent Techs., Inc. v.
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`Gateway, Inc., 580 F.3d 1301 (Fed. Cir. 2009), and Uniloc USA, Inc. v. Microsoft Corp., No.
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`03-CV -0440 (Fed. Cir. January 4, 2011 ), the court is persuaded that it erred when it admitted Mr.
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`Bakewell's testimony and his damages model. That error affected SAP's substantial rights. The
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`court, therefore, orders a new trial on damages.
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`Versata may serve a supplemental expert report on damages by February 25, 2011, and SAP
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`may serve a supplemental rebuttal report by March 18, 20 11. Any additional fact and expert
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`discovery shall be completed by April15, 2011. The case is set for pre-trial conference on April25,
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`2011 at 1 :30 p.m., and jury selection shall be held on April 29, 2011 at 9:00 a.m.
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`SAP's motion for a new trial on damages is GRANTED. SAP's motions for JMOL are
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`DENIED as moot.
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`VERSATA EXHIBIT 2042
`SAP v. VERSATA
`CASE CBM2012-00001
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`Case 2:07-cv-00153-CE Document 412 Filed 01/06/11 Page 2 of 2 PageID #: 37236
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