UPDATED 08:24 EDT / SEPTEMBER 04 2012

Oracles Wants $1.3B In Damages From SAP In Revived Infringement Trial

In August, Oracle and SAP agreed the latter would pay $306 million in damages for infringing Oracle’s software.  But Oracle wasn’t satisfied with the agreement, stating they want more from SAP, citing the original $1.3 billion fine ordered in 2010 as the appropriate amount and nothing less.  Oracle is taking SAP back to court, one more time and hopefully the last, to finally settle the dispute.

Oracle sued SAP in 2007 for infringing their software after TomorrowNow,  a company that specializes in providing third-party maintenance and support service which was acquired by SAP in 2005, illegally downloaded the said software.  SAP closed TomorrowNow in 2008 because of the lawsuit and has admitted infringing Oracle’s software.

In 2010, the court ruled in favor of Oracle and stated that SAP has to pay $1.3 billion in damages, but the latter appealed, stating that the amount was absurdly high.  In 2011, SAP filed for a re-trial to lower the amount they have to pay to somewhere between $28 million and $408.7 million.  This time, the court ruled in favor of SAP and lowered the damages to $272 million and stated that if Oracle wasn’t happy with the amount to be paid by SAP, they’d have to file for a new trial for damages claims.

As expected, Oracle wasn’t happy with the result of the trial and and a new trial was set for late August.  But before the trial started, the two agreed upon $306 million for damages which Oracle, as we know now, rejected and filed for a new trial asking for the original $1.3 billion in damages.

SAP is getting frustrated with Oracle as they’ve tried everything to end the dispute.

“SAP is disappointed that Oracle continues to prolong the case,” SAP said in a statement after Oracle rejected their agreement.  “We agreed to reasonable terms in this case, as we believe it’s gone on long enough. We remain determined to work through the legal process to bring this case to resolution.”


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