Oracle is seeking a fresh trial in its long-running intellectual property dispute with SAP, opting not to accept the $272m award issued last year.
In 2010 SAP was ordered to pay Oracle $1.3bn after copyright infringement by its TomorrowNow subsidiary.
The US Courts had ruled that staff at the now defunct TomorrowNow had knowingly accessed Oracle's computers to obtain confidential information on its software.
Last year SAP appealed the fine and the sum it was ordered to pay was slashed to $272m.
But in a new filing, as seen by All Things Digital, Oracle has asked the courts to start the trial from the beginning again.
"Oracle has no choice but to elect a new trial, as accepting the remittitur would force Oracle to risk waiving its right to appeal the Court's decision on the motions for judgment as a matter of law and for a new trial," said the filing.
"Oracle's objective is to obtain clarification of the law and, if it is right about what the law is and what the evidence supports in this case, to vindicate the verdict of the jury and Oracle's intellectual property rights as a copyright owner."
An SAP spokesman said the firm was disappointed that Oracle had passed up yet another opportunity to resolve this case. "We will continue to work to bring this case to a fair and reasonable end," he said.
TomorrowNow provided cut-price software support for users of enterprise applications such as PeopleSoft, JD Edwards and Siebel. The firm was acquired by SAP in February 2005 with a view to tempting customers away from Oracle that the firm had obtained via acquisitions.
However the deal turned sour for SAP when Oracle accused TomorrowNow of "corporate theft on a grand scale".
SAP has revealed strong profit growth in recent quarters, while Oracle has delivered sluggish results.
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