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 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 issueslegalservicessoftwareSAPTomorrowNow

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

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Tom Pope

Dynabook Portégé X30L-G

Ultimately this laptop has achieved everything I would hope for in a laptop for work, while fitting that into a form factor and weight that is remarkable.

Tom Sellers

MSI P65

This smart laptop was enjoyable to use and great to work on – creating content was super simple.

Lolita Wang

MSI GT76

It really doesn’t get more “gaming laptop” than this.

Jack Jeffries

MSI GS75

As the Maserati or BMW of laptops, it would fit perfectly in the hands of a professional needing firepower under the hood, sophistication and class on the surface, and gaming prowess (sports mode if you will) in between.

Taylor Carr

MSI PS63

The MSI PS63 is an amazing laptop and I would definitely consider buying one in the future.

Christopher Low

Brother RJ-4230B

This small mobile printer is exactly what I need for invoicing and other jobs such as sending fellow tradesman details or step-by-step instructions that I can easily print off from my phone or the Web.

Featured Content

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?