Oracle, SAP battle over 'hypothetical license' damages

03.05.2012

"There is no dispute between the parties that it is possible to calculate some objective value for a hypothetical license for the Oracle copyrights that SAP has admitted infringing," Oracle said in an April 17 filing. "At the first trial, SAP conceded both that such a license could be valued, and that it would be worth tens of millions of dollars."

But in a , SAP voiced strong opposition to Oracle's motions.

"On numerous occasions, the Court has made clear that Oracle may not seek damages based on saved development costs or cross-sell/up-sell opportunities -- whether as standalone claims or in support of Oracle's now-precluded hypothetical license claim," it said.

Instead, the new trial should "be limited to determining lost profits and infringer's profits -- the issues that could and should have been tried in November 2010, but for Oracle's overreaching," SAP added.

U.S. District Court Judge Phyllis J. Hamilton has yet to rule on Oracle's motions.