Oracle asks for retrial against SAP in TomorrowNow case

A federal judge last year lowered the award to Oracle by US$1 billion

Oracle has chosen a new trial in its lawsuit against SAP for copyright infringement, rejecting the reduction of a jury verdict by about US$1 billion by a federal court in September last year.

The company rejected the Judge's ruling lowering the jury verdict, and chose a new trial, Oracle's attorney, Geoffrey M. Howard said in a filing Monday before the United States District Court, Northern District of California, Oakland division.

"We are disappointed that Oracle has passed up yet another opportunity to resolve this case," SAP said in a statement. "We will continue to work to bring this case to a fair and reasonable end."

Judge Phyllis Hamilton overturned in September a $1.3 billion award Oracle won against SAP in its corporate theft trial, in which SAP admitted liability for illegal downloads of Oracle software and support materials by a former subsidiary, TomorrowNow, which provided lower-cost support for Oracle applications.

The Judge however approved SAP's request that Oracle accept a lower award. The verdict grossly exceeded the actual harm to Oracle in the form of lost customers, she said.

If Oracle were to reject the reduction of the amount to $272 million, the court would order a new trial as to the amount of actual damages, Judge Hamilton said.

Oracle had argued that SAP should pay damages based on a "hypothetical" cost that SAP would have to pay to license the software legally. The court found that there was insufficient evidence for a reasonable jury to find that Oracle was entitled to a hypothetical license.

Accepting the Judge's ruling would force Oracle to risk waiving its right to appeal the court's decision on motions for judgment as a matter of law and for a new trial, Howard said in the filing.

"Oracle's objective is to obtain clarification of the law and, if it is right about what the law is and what the evidence supports in this case, to vindicate the verdict of the jury and Oracle's intellectual property rights as a copyright owner," Howard added.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments

Cool Tech

SanDisk MicroSDXC™ for Nintendo® Switch™

Learn more >

Breitling Superocean Heritage Chronographe 44

Learn more >

Toys for Boys

Family Friendly

Panasonic 4K UHD Blu-Ray Player and Full HD Recorder with Netflix - UBT1GL-K

Learn more >

Stocking Stuffer

Razer DeathAdder Expert Ergonomic Gaming Mouse

Learn more >

Christmas Gift Guide

Click for more ›

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

David Coyle

Brother PocketJet PJ-773 A4 Portable Thermal Printer

I rate the printer as a 5 out of 5 stars as it has been able to fit seamlessly into my busy and mobile lifestyle.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?