Observers who have been following the case said Monday said it would make sense for the parties to settle -- something they have tried and failed to do before.

"What I found telling was how many times the [SAP] answer said 'we admit or we agree with what Oracle said,'" said Eric Goldman, an associate professor of law at the Santa Clara University School of Law and director of the school's High Tech Law Institute. "They didn't do it that much, but most answers deny everything. That's very unusual to see in an answer."

At the same time, "it's good to see that they've both found something they can agree on," Goldman said.

It would be "unbelievable" if the companies weren't having settlement talks, given the likely multimillion dollar cost of the litigation, he said.

Oracle has not provided a specific damage demand but has said the figure could top US$1 billion.