Aug 29 A federal appeals court on Friday said
Oracle Corp must face a second trial with SAP
in a case where the European software company admitted massive
copyright infringement, unless Oracle is willing to accept
$356.7 million of damages.
The case involved accusations that SAP's TomorrowNow unit
wrongfully downloaded millions of Oracle files.
A federal jury had in 2010 awarded Oracle $1.3 billion of
damages, but the trial judge said Oracle had proven actual
damages of only $272 million. Oracle refused to accept that sum,
leading to its appeal on damages.
In Friday's decision, the 9th U.S. Circuit Court of Appeals
said the trial judge incorrectly calculated the damages that
Oracle had proven, and must offer it a choice between accepting
$356.7 million of damages or going to trial a second time.
(Reporting by Jonathan Stempel in New York)