SAP willing to pay Oracle $120M for attorney's fees

In exchange, Oracle will drop its punitive damages claims in the TomorrowNow lawsuit

SAP would pay Oracle $US120 million for "past and future reasonable attorneys fees and costs" under the terms of a joint stipulation filed Monday in connection with the companies' ongoing intellectual-property lawsuit.

Oracle sued SAP in 2007, alleging that its TomorrowNow subsidiary illegally downloaded Oracle software and support materials in order to lure away Oracle customers.

Under the agreement filed Monday, TomorrowNow "stipulates to entry of judgment on Oracle's claims for violations of the Federal Computer Fraud and Abuse Act and California's Computer Data Access and Fraud Act, breach of contract, intentional interference, negligent interference, unfair competition, trespass to chattels, unjust enrichment/restitution and an accounting."

In turn, Oracle will not seek punitive damages against TomorrowNow or SAP, according to the filing in U.S. District Court for the Northern District of California.

The jury in the case, which went to trial this week, will be instructed to consider "only those damages available under the Copyright Act," it adds.

SAP must pay Oracle the $120 million by Nov. 9.

The agreement's terms are not binding until the court approves it, and either SAP or Oracle can withdraw entirely if any provisions are not accepted, it states.

Last week, SAP said it wouldn't contest the issue of "contributory infringement" -- or whether its executives knew about the software theft. The move meant the trial will hinge on damages owed to Oracle.

Oracle has pegged its total damages at north of $2 billion, while SAP had maintained they should be in the tens of millions. SAP is now poised to give Oracle far more than that sum even before the question of damages for copyright infringement is answered, despite the elimination of punitive damages.

Spokespersons for SAP and Oracle declined to comment on the stipulation.

Opening statements in the case begin today.

James Niccolai of IDG News Service contributed to this story.

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 newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags Oraclebusiness issueslegalservicessoftwareapplicationsSAPintellectual propertyCivil lawsuits

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

Father’s Day Gift Guide

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Laura Johnston

MSI GS65 Stealth Thin

If you can afford the price tag, it is well worth the money. It out performs any other laptop I have tried for gaming, and the transportable design and incredible display also make it ideal for work.

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Featured Content

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?