Oracle vows to continue IP theft suit against SAP

01.09.2011

"My belief all along was that $1.3 billion was excessive because it was based on the license value of the Oracle software that was downloaded" by TomorrowNow, said Paul Hamerman, an analyst with Forrester Research. "My belief was that the damages should have been more reflective of the contract value of the support engagements" TomorrowNow had with Oracle customers. Hamerman added, though, that it's unclear how Judge Hamilton arrived at the $272 million figure.

Hamerman said that he expects that Oracle will continue to fight for the original verdict for as long as it can.

"I think they will go to trial again and drag this out a bit further," he said. "Oracle is a tough customer in court and they are willing to spend the money to litigate" -- especially if it can keep SAP on the defensive, he said. "I think it would be prudent for them to take the award the judge has handed them."

Frank Scavo, manging partner of IT consulting firm Strativa, said the neither the judge's decision nor Oracle's response are surprising.

"Oracle wants to continue to litigate," he said. "As long as there is uncertainty around this decision and litigation continues, they have SAP back on its heels."