SAP , when Oracle filed its civil lawsuit against the company, that the Department of Justice had requested documents related to the matter from SAP and its TomorrowNow subsidiary. SAP said at the time that it would "fully cooperate."

In a court filing in August, SAP said there was an "ongoing investigation" by the DOJ and the Federal Bureau of Investigation into "some facts and circumstances that are involved in this matter."

Oracle originally filed 10 complaints against SAP, including copyright infringement, violation of the federal computer fraud and abuse act, breach of contract and unfair competition. It agreed to pursue only the copyright claim at trial after SAP accepted some liability.

It's not unusual for representatives from the DOJ or the FBI to listen in at civil proceedings to learn more about a case or help them determine if they wish to file criminal charges.

"We have an interest in the case," the FBI agent said in court Thursday. He declined to comment further or provide his name. A spokesman with the FBI office in San Francisco would not confirm or deny it is watching the case.