SAP: Court lops $500M off Oracle's potential damages

An order prevents Oracle from claiming damages for lost up-sell and cross-sell sales opportunities, SAP says

Oracle's potential damages in its corporate-theft lawsuit against SAP have been reduced by US$500 million following an order from Judge Phyllis Hamilton, SAP said on Tuesday.

"The ruling of the Court has an immediate and demonstrable impact on Oracle's damages presentation, reducing the total by $500 million from $2.2 billion down to $1.6 billion," SAP said in a brief statement to reporters.

"This is the second such reduction by the Court and we are confident that, when the jury hears our case presentation, the outcome of the case will reflect the actual damages the limited actions of TomorrowNow had upon Oracle," it said.

A spokeswoman for Oracle declined to comment.

Oracle sued SAP after it learned its TomorrowNow division had been downloading Oracle software illegally from a customer support website and using it to win over Oracle customers. SAP has accepted liability and the trial is about how much damages it must pay.

Hamilton issued a "minute order" on Monday saying Oracle can't claim damages for money it lost from "cross-sell" and "up-sell" opportunities -- in other words, additional software it might have been able to sell to customers that it lost to TomorrowNow because of the stolen software.

Oracle can still claim for profits it lost as a direct result of the theft, and it can still ask for its "hypothetical license" -- the money SAP would have had to pay if it licensed the software from Oracle legally. Oracle CEO Larry Ellison testified in court Monday that Oracle could have charged $4 billion for the license.

SAP says it should only be liable for the profits Oracle lost as a direct result of the theft, not for the hypothetical license. It claims Oracle lost very few customers because of TomorrowNow and that SAP should have to pay only tens of millions of dollars.

The trial, in its second week at the U.S. District Court for the Northern District of California, is expected to conclude by the end of the month.

Tags applicationsenterprise resource planninglegalCivil lawsuitsSAPsoftwareOracle

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

James Niccolai

IDG News Service

Comments

Comments are now closed.

Latest News Articles

Most Popular Articles

Follow Us

GGG Evaluation Team

Kathy Cassidy

STYLISTIC Q702

First impression on unpacking the Q702 test unit was the solid feel and clean, minimalist styling.

Anthony Grifoni

STYLISTIC Q572

For work use, Microsoft Word and Excel programs pre-installed on the device are adequate for preparing short documents.

Steph Mundell

LIFEBOOK UH574

The Fujitsu LifeBook UH574 allowed for great mobility without being obnoxiously heavy or clunky. Its twelve hours of battery life did not disappoint.

Andrew Mitsi

STYLISTIC Q702

The screen was particularly good. It is bright and visible from most angles, however heat is an issue, particularly around the Windows button on the front, and on the back where the battery housing is located.

Simon Harriott

STYLISTIC Q702

My first impression after unboxing the Q702 is that it is a nice looking unit. Styling is somewhat minimalist but very effective. The tablet part, once detached, has a nice weight, and no buttons or switches are located in awkward or intrusive positions.

Resources

Best Deals on GoodGearGuide

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?