Intellectual property litigation partner James Batchelder (Silicon Valley) co-authored an Intellectual Property Magazine article examining the implications of the U.S. Supreme Court’s denial of Versata’s petition for a final appeal in its nearly decade-long dispute with SAP America. Ropes & Gray represented SAP America in the dispute, which began in district court litigation and ended at the PTAB.
The co-authors explain that in its very first final decision, the Patent Trial and Appeal Board ruled in favor of SAP, concluding that the challenged claims of Versata’s patent were drawn to patent-ineligible subject matter, and confirming that they should never have been issued at all. They also offer guidance when confronting IP matters including the use of creative approaches in complex disputes and keeping a long-term vision in mind even when mired in daily issues.
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