Oracle says SAP should be forced to pay the value of a "hypothetical license" -- or whatever it would have paid Oracle if the two companies had negotiated a license for the software stolen by TomorrowNow.

SAP says applying a hypothetical license in this case doesn't make sense. It thinks it should pay Oracle only for the profits that Oracle lost and that SAP gained as a direct result of the theft.

Since TomorrowNow allowed SAP to convert only a handful of Oracle customers to SAP applications, the actual damages should be in the tens of millions of dollars, Mittelstaedt said.

Boies argued that it doesn't matter how successful SAP was in making use of the stolen software. "Defendants can't say they should not have to pay the full cost of the license because they were not as successful as they expected," he told the jury.

The trial has lasted three weeks and has seen a string of powerful industry executives take the stand, including Oracle CEO Larry Ellison, co-President Safra Catz and former co-President Charles Phillips, as well as SAP co-CEO Bill McDermott.