Oracle seeks new trial against SAP over downloads

SAN FRANCISCO Mon Feb 6, 2012 8:27pm EST

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SAN FRANCISCO (Reuters) - Oracle Corp will head to a retrial against SAP AG over copyright infringement allegations after a U.S. judge slashed a previous monetary award against SAP by over $1 billion.

In a court filing on Monday, Oracle said it would reject a reduced $272 million damages award. A spokesman for SAP could not immediately be reached for comment.

A Northern California jury had determined in 2010 that Oracle should be paid $1.3 billion over accusations SAP subsidiary TomorrowNow wrongfully downloaded millions of Oracle files.

However, U.S. District Judge Phyllis Hamilton last year found that Oracle had proven actual damages of only $272 million. Hamilton said Oracle could accept a $272 million award or opt for a new trial against SAP.

In the filing on Monday, Oracle said it had "no choice" but to seek a new trial, so it could vindicate the jury's verdict.

(Reporting By Dan Levine; Editing by Phil Berlowitz)

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