Oracle Can Accept Lower Damages or Pursue New Trial
A three-judge federal appeals panel Friday threw out a $1.3 billion jury verdict onOracle Corp.'s copyright-infringement case against rival SAP AG saying the award had been "based on undue speculation."
In an opinion by Judge William A. Fletcher, the judges set damages to $356.7 million, which reflects a higher $120.7 million in lost profit as well as $236 million in SAP's infringer's profit.
The judges also upheld a motion for a new trial if Oracle rejects the lower award and upheld a lower court 's decision barring Oracle from presenting hypothetical-license damages at the new trial and allowing SAP's expert to testify.
Oracle declined to comment on whether it would accept the verdict or move for a new trial.
A company spokeswoman said Oracle welcomed the decision, "which effectively permits Oracle to recover close to half a billion dollars in damages and attorneys' fees from SAP's brazen conduct and cover-up."
"This sends a strong message to those who would prefer to cheat than compete fairly and legally," Dorian Daley, Oracle's general counsel, said in a statement.
SAP said it was pleased with the decision, which set damages closer the company's view. "We hope it brings this matter one step closer to resolution," said Andy Kendzie, an SAP spokesman.
Oracle filed suit in 2007 alleging that TomorrowNow, an enterprise software company that had been acquired by SAP, was illegally downloading Oracle's software.
TomorrowNow, which has been discontinued, provided maintenance services to Oracle customers using those downloads until sometime in 2008, according to court documents.
SAP eventually admitted to liability, and Oracle dismissed its noncopyright claims with prejudice, which means it couldn't file another complaint on the same claims. The companies went to trial to determine damages.
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