ARTICLE · 10 NOVEMBER 2011

Case Update: Oracle v SAP- Damages For Copyright Infringement

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A US District Court Judge has overturned the highest ever award for copyright infringement in US history.

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This article previously appeared in Technology and Commercial Contracts Newsletter, November 2011.

A US District Court Judge has overturned the highest ever award for copyright infringement in US history. The $1.3 billion jury award in favour of Oracle against its competitor SAP was described by Judge Phyllis Hamilton as "grossly excessive" and as having no basis in law.

The long-running legal battle between the two software giants began in 2007, when Oracle sued SAP for copyright infringement. It alleged that a subsidiary of SAP, TomorrowNow, had illegally accessed, downloaded and used Oracle's proprietary software code. Prior to the trial in November 2010, SAP accepted all liability, and so the only issue to be tried was the appropriate measure of damages.

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