Oracle asks court to make SAP preserve documents

In this file photo Henning Kagermmann, CEO and co-founder of software group SAP poses prior to the company's annual news conference in Frankfurt January 25, 2006.

SAN FRANCISCO (Reuters) - Business software maker Oracle Corp. (ORCL.O) on Monday asked a U.S. court to make SAP AG (SAPG.DE) preserve evidence on its computers, saying it was concerned its German rival might destroy electronic information at the heart of a corporate theft lawsuit.

Oracle in March accused an SAP business unit in Texas of illegally using customer log-ins to steal software and other material from its password-protected Web site to create a "storehouse of stolen Oracle intellectual property."

SAP, which could not be reached immediately for comment, has denied the accusations.

Oracle said in a U.S. district court filing late on Monday it has repeatedly requested information and assurances that SAP would preserve documents, but questioned SAP's willingness to do so.

"This failure to meet and confer about its preservation activities raises questions about whether SAP has in fact protected highly relevant evidence from alteration or destruction," Oracle said.

Oracle said SAP was looking into the matter itself. The investigation "if performed without proper safeguards could result in the alteration or destruction of critical electronic records," Oracle said.

(Additional reporting by Peter Henderson in Los Angeles)