* Oracle chooses not to play deposition video
* Closing arguments set for Monday
By Gabriel Madway
OAKLAND, California, Nov 19 Testimony in a
trial pitting Oracle Corp ORCL.O against SAP AG (SAPG.DE)
wrapped up on Friday without former SAP chief and current
Hewlett Packard (HPQ.N) CEO Leo Apotheker appearing.
Closing arguments are slated for Monday. SAP and Oracle,
which compete against each other in the market for software
that helps businesses run more efficiently, are in court to
determine the amount of damages for software theft by SAP.
After weeks of jousting about the role played by Apotheker
-- named CEO of Hewlett-Packard in October -- the German
executive did not appear at the trial, though Oracle said in
its opening argument that he would. [ID:nN01150928]
During the closely watched trial, Oracle linked Apotheker
to the operations of the SAP subsidiary TomorrowNow which
wrongfully downloaded millions of Oracle files. But they did
not appear to produce evidence to prove he knew about the
SAP has accepted liability for its TomorrowNow subsidiary
having downloaded Oracle files, but argues that it should pay
compensation of about $40 million, while Oracle insists on at
least $1.6 billion.
Oracle CEO Larry Ellison has publicly charged Apotheker
with overseeing an "industrial espionage scheme" centered on
stealing Oracle's software. SAP and HP have characterized the
Apotheker issue as a sideshow, and say Oracle has offered no
proof to back up its allegations about him.
Oracle attorney David Boies had said he might play a
videotaped deposition of Apotheker during their rebuttal case,
which wrapped up on Friday, if they were unable to serve him
with a subpoena.
But he contended on Friday that Oracle had already proved
Apotheker oversaw the scheme. Asked outside the courtroom why
he did not play the deposition, he told reporters that it was
two years old and "really didn't add anything."
HP reiterated its position that Apotheker had a "limited
role in the matter."
"Oracle's current stance is clear proof that they have been
trying to harass Leo and interfere with his work at HP," a
Friday statement read. "Oracle had ample opportunity to
question Leo in the two years after he gave a full-day
deposition. Leo was never asked to give an additional
Oracle has accused Apotheker of evading its attempts to
subpoena him since he began his job as CEO of HP on Nov. 1.
During his testimony last week, Ellison said his company
would have charged SAP $4 billion to license the programs that
were wrongfully downloaded. Oracle's own expert later pegged
damages at $1.6 billion.
SAP should have to pay Oracle no more than $40.6 million to
resolve their years-long lawsuit over software theft, an SAP
damages expert said on Tuesday.
Closing arguments in the case begin on Monday, with jury
deliberations to begin afterward.
The case in U.S. District Court, Northern District of
California is Oracle USA Inc, et al. v. SAP AG, et al,
(Reporting by Gabriel Madway. Editing by Robert MacMillan)