Federal Circuit Corrects One Sentence in Versata Opinion, Leaves Massive Trade Secret Damage Award Intact

In Versata Software, LLC v. Ford Motor Company, [2024-1140, 2024-1206, 2024-1234] (modified September 10, 2026), the Federal Circuit modified its May 2026, opinion, changing a single sentence.   In determining breach of contract damages, an issue was Versata’s cost savings  The May 22 opinion said that: “And at no point did Ford claim that there were additional costs associated with the base license.” This was an over-statement, because the September 10 amended version says: “And at no point did Ford demonstrate that it was beyond dispute that there were additional costs associated with the base license.” The Federal Circuit changed the meaning of the sentence from a statement that Ford did not claim there were additional costs to a statement that Ford did not demonstrate that there were additional costs.