Friday, May 04, 2012

ORACLE and SAP at war...

Oracle and SAP are at odds over the matter whether the concept of "hypothetical" software license fees can be factored into damages in the upcoming retrial of Oracle's intellectual-property lawsuit against SAP, and the outcome could sharply affect the scope of any judgment in the case.
Oracle sued SAP in March 2007 for actions taken by a former subsidiary, Tomorrow. Now, that provided the lower-cost support for Oracle applications.

SAP admitted liability for illegal downloads of Oracle software and support materials performed by Tomorrow . In November 2010 a jury awarded Oracle $1.3 billion against SAP based on hypothetical license fees. However, a judge tossed it out in September, saying "it grossly exceeded the harm caused to Oracle" and wasn't backed by enough evidence Oracle presented. Oracle opted to reject a lower award for $272 million, and the court ordered a new trial on damages based on lost profits, which is scheduled to begin in June.
Last week, Oracle said it would seek about $777 million in damages for lost profits in the retrial, but in April it also filed motions asking the court to allow hypothetical license damages too.