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Java: Article

Court Doesn’t Want Oracle to Appeal

The jury’s award was made on the basis of a hypothetical license to the software
By Maureen O'Gara
Article Rating:
September 21, 2011 08:00 AM EDT
Reads:
 3,603

Oracle wants to appeal a district court's decision to cut a jury's award of $1.3 billion in damages against SAP down to $272 million to the 9th Circuit Court of Appeals.

The federal judge who overturned the record award claiming it was "grossly excessive" and unsupported by the evidence doesn't want Oracle to appeal.

She's asked the company to reconsider its request to go over her head.

She's already ruled that SAP would get a new trial just on the damages if Oracle rejected the $272 million payment for copyright infringement.

SAP has admitted its defunct subsidiary TomorrowNow's ransacked Oracle's IP and illegally downloaded scads of Oracle software.

The jury's award was made on the basis of a hypothetical license to the software. Oracle's expert witness estimated that Oracle's lost profits and SAP's gains from using the copyrighted software amounted to somewhere between $272 million and $408.7 million. Judge Phyllis Hamilton went with the lower number.

SAP last week agreed to pay $20 million for TomorrowNow's poaching to settle a criminal case brought by the Justice Department.

Published September 21, 2011 – Reads 3,603
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More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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