Howard said the likelihood of a settlement was hurt by comments made by SAP CEO Bill McDermott and co-founder Hasso Plattner at a recent shareholder meeting.

At trial, SAP accepted liability for TomorrowNow's actions and the jury had only to decide the damages.

"Mr. McDermott and Mr. Plattner got up in front of SAP's shareholders and denied any liability and said it was simply a tactic they employed on the advice of their lawyers," Howard said. "So there are some things that are going to complicate any discussion that we would have."

Lanier said he was at the SAP shareholder meeting and "that's not what they said."

Hamilton said she would let them know if she planned to appoint a mediator.