SAP challenging $1.3B jury award in Oracle trial

SAP wants the award lowered, and also asked for a new trial

SAP wants a judge to reduce the $US1.3 billion award a jury granted Oracle last year in its intellectual property-theft lawsuit to no more than $408.7 million, and also asked for a new trial, according to filings made late Wednesday in U.S. District Court for the Northern District of California.

Oracle sued SAP in 2007, alleging that its former subsidiary, TomorrowNow, illegally downloaded Oracle software and support materials in the course of providing lower-cost support to Oracle customers.

SAP accepted liability for TomorrowNow's actions but considered the award's size to be unfair. The motion filed Wednesday argues, as SAP has previously, that Oracle should not have been given damages for "hypothetical" software license fees it would have gained from SAP if it had purchased them legally.

"A hypothetical license is available only if a plaintiff proves that, but for the infringement, the parties would have agreed to such a license or that it would have licensed a third party for the same use and was prevented from doing so by the infringement," SAP's motion states.

Oracle and SAP are "fierce competitors" in enterprise applications," it adds. "The trial evidence conclusively demonstrated that Oracle never would have obtained license fees absent Defendants’ infringement -- not under any condition, not in any amount, and not from any party."

The jury's award was "grossly excessive," "shocks the conscience," clashes with copyright law and led to a "miscarriage of justice," the motion states.

Using a "reality-based" approach, an expert SAP hired determined that Oracle's damages should be about $28 million. Oracle's own expert placed damages at $408.7 million."In no event" should Oracle be awarded anything higher than that figure, SAP argued.

The court should order a new trial if Oracle declines a reduced award, SAP said.

A hearing on the motion is scheduled for July 13.

Oracle spokeswoman Deborah Hellinger declined comment.

Chris Kanaracus covers enterprise software and general technology breaking news for The IDG News Service. Chris's e-mail address is Chris_Kanaracus@idg.com

Join the Good Gear Guide newsletter!

Error: Please check your email address.

Tags business issuesservicesSAPlegalsoftwareTomorrowNowOracle

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Chris Kanaracus

IDG News Service
Show Comments

Essentials

Microsoft L5V-00027 Sculpt Ergonomic Keyboard Desktop

Learn more >

Lexar® JumpDrive® S57 USB 3.0 flash drive

Learn more >

Mobile

Lexar® JumpDrive® S45 USB 3.0 flash drive 

Learn more >

Exec

Lexar® JumpDrive® C20c USB Type-C flash drive 

Learn more >

HD Pan/Tilt Wi-Fi Camera with Night Vision NC450

Learn more >

Lexar® Professional 1800x microSDHC™/microSDXC™ UHS-II cards 

Learn more >

Audio-Technica ATH-ANC70 Noise Cancelling Headphones

Learn more >

Budget

Back To Business Guide

Click for more ›

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?