SAP to argue for new trial in Oracle lawsuit

12.07.2011
Lawyers for Oracle and SAP are due in court Wednesday to argue post-trial motions in their TomorrowNow lawsuit, with SAP seeking a new trial and a reduction of the US$1.3 billion jury award it was ordered to pay.

SAP contends was "a miscarriage of justice" and "grossly excessive" based on the evidence presented at trial. It wants the court to reduce the damages to no more than $408 million.

Oracle has countered that the trial was fair and the verdict proper, and that SAP's motions "do little more than ask the Court to reverse legal rulings it has made and substitute SAP's interpretation of the evidence for the jury's decision."

The arguments, laid out in court papers earlier this year, are scheduled to begin at 9 a.m. Pacific Time in the U.S. District Court for the Northern District of California before Judge Phyllis Hamilton, who is overseeing the case.

Oracle after it discovered SAP's TomorrowNow subsidiary had been downloading Oracle software and support materials illegally from an Oracle website. SAP never contested the downloads, and the trial was over how much it should pay.

The jury award was based on a so-called "hypothetical license," or the amount SAP would have paid had it licensed the software legally from Oracle at the time of the theft. Oracle Chairman and CEO Larry Ellison that such a license would have cost SAP $4 billion.