Oracle has lost its bid to have the original $1.3bn damages awarded in its legal spat against SAP over code theft reinstated. However, it has been offered damages of $356.7m or the chance to head for a retrial.
The ruling is the latest in the long-running legal saga that began five years ago when Oracle accused TomorrowNow, a company bought by SAP in 2005, of stealing code from Oracle and passing it off as it own.
SAP was originally ordered to pay $1.3bn in damages by a jury when the case came to trial in 2010. However, the German company successfully appealed this amount and had it reduced to $272m.
However, a ruling on Friday at the US Court of Appeals for the Ninth Circuit in San Francisco, ruled that $1.3bn was too high and had been reached by the original jury based on “undue speculation”.
The court also ruled, though, that the subsequent figure offered to Oracle, of $272m, was too low. As such it offered the company a choice of $356.7m or “proceeding to a second trial”.
Oracle did not indicate how it would proceeded and had not responded to a request for comment when contacted by V3. SAP also had not commented on the latest twist in the trial when contacted by V3.
Oracle could still now accept the damages offered by SAP, for a combined $426m, but given its desire to achieve the $1.3bn ruling, it may well head to another trial to seek a higher figure.
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