Oracle To SAP: We Want More Than $306 Million ... - Business Insider

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As expected, Oracle filed an appeal its five-year-old copyright-infringement case with SAP, seeking to top an existing $306 million settlement.

The course of this trial is a little unusual. Oracle won the case in 2010 and a jury awarded Oracle $1.3 billion, the largest ever awarded for a copyright case,?reports Reuters.

Oracle had sued SAP over allegations that its subsidiary, TomorrowNow, wrongfully downloaded millions of Oracle files.

But the U.S. district judge threw out the jury verdict and the massive award to Oracle.? She gave Oracle a choice: take a $272 million award, plus $120 million in legal fees paid by for SAP, or opt for a new trial. Oracle opted for a new trial.

Then, in a joint filing on August 2, Oracle and SAP said they were negotiating a final judgment to save time and expense on a new trial, and to limit the time it would take for an appeal.

SAP agreed to pay Oracle $306 million in damages.

On August 2, Oracle issued a press release saying it still planned to appeal.

?SAP, which admitted infringement before the 2010 trial and pled guilty to a number of criminal charges brought by the U.S. Department of Justice after trial, must pay us a minimum of $426 million, including attorneys? fees," said Oracle General Counsel Dorian Daley in a statement at the time.

Last Friday, Oracle filed paperwork to move ahead with the appeal, Reuters reports.

SAP sent Business Insider this statement in an email:

"SAP is disappointed that Oracle continues to prolong the case. 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."

This is a case that seems near and dear to Oracle CEO Larry Ellison's heart. He discussed it publicly?and humorously?at an the D10 tech-industry conference in May.? He even called former SAP and HP CEO L?o Apotheker a "thief" and a "criminal."?(SAP has argued that Apotheker's involvement with TomorrowNow was minimal.)

Source: http://www.businessinsider.com/oracle-sap-tomorrownow-stipulated-damages-appeal-2012-9

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