PROVIDENCE — Winners became losers and losers had their hopes renewed when the Obama administration announced Friday that it had voided the results of the 2012 immigration lottery because a computer had selected names mostly from entries made in the first two days.

“It’s very upsetting,” said Bill Shuey, executive director of the International Institute of Rhode Island, upon hearing the news Friday. “You give people some hope and then snatch it away.”

“It’s a shame,” said Marta V. Martínez, communications director at Progreso Latino. She said she imagined it would be like “winning the lottery and then being told, ‘Oh, never mind.’ ”

Only worse, she said, because the immigration lottery wasn’t for money but for a future in the United States.

“Your hopes are high, you’ve got your future planned, and then it all falls through,” Martínez said. “The emotional part of it –– it’s just hard to get over.”

The lottery was supposed to be a random drawing from the 14.7 million entries submitted between Oct. 5 and Nov. 3, 2010, the State Department said Friday. Because of a software problem, 90 percent of the winners were selected from entries received Oct. 5 and 6.

The 90,000 people whose names are drawn win the opportunity to apply for one of 50,000 diversity visas which allow people to live legally in the United States.

“These results are not valid because they did not represent a fair, random selection of the entrants as required by U.S. law,” said David Donahue, the deputy assistant secretary of state whose office oversees the lottery. “We sincerely regret any inconvenience or disappointment this problem might have caused,” he said in a video posted at http://dvlottery.state.gov/.

The invalidated winners probably hadn’t sold their belongings or packed their bags. Results of the diversity lottery were available online May 1. About 22,000 people learned that they had won before the glitch was discovered May 5, the Associated Press reported.

The State Department works for months to sort through 90,000 applications and choose the 50,000 who will get visas.

Carl Krueger, a lawyer for the International Institute, said applicants usually learn by Oct. 1 if they have qualified for a visa.

“I’m glad somebody picked up on that” so early in the process, Krueger said Friday evening.

“We will conduct a new, random selection,” Donahue said on the State Department video. “The new selection will be based on your original entry. You do not need to re-apply.” He said the programming error was fixed and the redrawing was scheduled. No new entries will be accepted. Winners will be announced on or near July 15, Donahue said.

The confirmation numbers for registrants to check results will continue to be valid for checking results from the redraw.

The 50,000 diversity visas are for people without family or employer sponsors and no other way of getting a visa to come and live in the United States legally.

Krueger said the diversity visas were designed to help people from countries with low rates of immigration to the United States. In his view, he said, requiring them to apply online has restricted the applicant pool because people from the most impoverished places don’t have access to computers.

With reports from

Associated Press

dnaylor@projo.com

SAP AG (SAP), the world’s largest maker of
business-applications software, was told by a jury to pay $345
million for infringing a Versata Software Inc. patent.

The federal jury in Marshall, Texas, said today that
closely held Versata was owed compensation for sales of certain
SAP enterprise and customer relationship-management software
sold prior to May 2010. The jury awarded $260 million for lost
profits and $85 million as a reasonable royalty.

The damages are more than the $138.6 million Walldorf,
Germany-based SAP was ordered to pay 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.

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.

“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 May Appeal

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.”

The patent covers software that can help sales staff
determine the most recent price for products and services. SAP
told jurors that customers weren’t buying its software for that
feature, so any patent royalties should be low.

Versata shouldn’t have been able to claim that it lost
profit because the company hadn’t sold any of the software,
called Pricer, SAP argued in court papers before the trial.
Versata claimed it was undercut by SAP and pushed out of the
market.

The original $138.6 million award was based on the entire
market value of SAP products, which the company said was unfair.
In an Oct. 6, 2009, filing, SAP argued that the largest amount
supported by the evidence is $2.03 million.

The case is Versata Software Inc. v. SAP America Inc.,
07cv153, U.S. District Court, Eastern District of Texas
(Marshall).

To contact the reporter on this story:
Bill McQuillen in Washington at
bmcquillen@bloomberg.net

To contact the editor responsible for this story:
Allan Holmes at
aholmes25@bloomberg.net

· · Categories: Uncategorized · Tags: ,

SAP AG (SAP), the world’s largest maker of
business-applications software, was told by a jury to pay $345
million for infringing a Versata Software Inc. patent.

The federal jury in Marshall, Texas, said today that
closely held Versata was owed compensation for sales of certain
SAP enterprise and customer relationship-management software
sold prior to May 2010. The jury awarded $260 million for lost
profits and $85 million as a reasonable royalty.

The damages are more than the $138.6 million Walldorf,
Germany-based SAP was ordered to pay 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.

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.

“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 May Appeal

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.”

The patent covers software that can help sales staff
determine the most recent price for products and services. SAP
told jurors that customers weren’t buying its software for that
feature, so any patent royalties should be low.

Versata shouldn’t have been able to claim that it lost
profit because the company hadn’t sold any of the software,
called Pricer, SAP argued in court papers before the trial.
Versata claimed it was undercut by SAP and pushed out of the
market.

The original $138.6 million award was based on the entire
market value of SAP products, which the company said was unfair.
In an Oct. 6, 2009, filing, SAP argued that the largest amount
supported by the evidence is $2.03 million.

The case is Versata Software Inc. v. SAP America Inc.,
07cv153, U.S. District Court, Eastern District of Texas
(Marshall).

To contact the reporter on this story:
Bill McQuillen in Washington at
bmcquillen@bloomberg.net

To contact the editor responsible for this story:
Allan Holmes at
aholmes25@bloomberg.net

· · Categories: Uncategorized · Tags: ,

SAP AG (SAP), the world’s largest maker of
business-applications software, was told by a jury to pay $345
million for infringing a Versata Software Inc. patent.

The federal jury in Marshall, Texas, said today that
closely held Versata was owed compensation for sales of certain
SAP enterprise and customer relationship-management software
sold prior to May 2010. The jury awarded $260 million for lost
profits and $85 million as a reasonable royalty.

The damages are more than the $138.6 million Walldorf,
Germany-based SAP was ordered to pay 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.

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.

“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 May Appeal

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.”

The patent covers software that can help sales staff
determine the most recent price for products and services. SAP
told jurors that customers weren’t buying its software for that
feature, so any patent royalties should be low.

Versata shouldn’t have been able to claim that it lost
profit because the company hadn’t sold any of the software,
called Pricer, SAP argued in court papers before the trial.
Versata claimed it was undercut by SAP and pushed out of the
market.

The original $138.6 million award was based on the entire
market value of SAP products, which the company said was unfair.
In an Oct. 6, 2009, filing, SAP argued that the largest amount
supported by the evidence is $2.03 million.

The case is Versata Software Inc. v. SAP America Inc.,
07cv153, U.S. District Court, Eastern District of Texas
(Marshall).

To contact the reporter on this story:
Bill McQuillen in Washington at
bmcquillen@bloomberg.net

To contact the editor responsible for this story:
Allan Holmes at
aholmes25@bloomberg.net

· · Categories: Uncategorized · Tags: ,

SAP AG (SAP), the world’s largest maker of
business-applications software, was told by a jury to pay $345
million for infringing a Versata Software Inc. patent.

The federal jury in Marshall, Texas, said today that
closely held Versata was owed compensation for sales of certain
SAP enterprise and customer relationship-management software
sold prior to May 2010. The jury awarded $260 million for lost
profits and $85 million as a reasonable royalty.

The damages are more than the $138.6 million Walldorf,
Germany-based SAP was ordered to pay 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.

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.

“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 May Appeal

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.”

The patent covers software that can help sales staff
determine the most recent price for products and services. SAP
told jurors that customers weren’t buying its software for that
feature, so any patent royalties should be low.

Versata shouldn’t have been able to claim that it lost
profit because the company hadn’t sold any of the software,
called Pricer, SAP argued in court papers before the trial.
Versata claimed it was undercut by SAP and pushed out of the
market.

The original $138.6 million award was based on the entire
market value of SAP products, which the company said was unfair.
In an Oct. 6, 2009, filing, SAP argued that the largest amount
supported by the evidence is $2.03 million.

The case is Versata Software Inc. v. SAP America Inc.,
07cv153, U.S. District Court, Eastern District of Texas
(Marshall).

To contact the reporter on this story:
Bill McQuillen in Washington at
bmcquillen@bloomberg.net

To contact the editor responsible for this story:
Allan Holmes at
aholmes25@bloomberg.net

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