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ARTICLE · 15 FEBRUARY 2012

Update: Oracle Refuses Significant Damages Reduction, Still Dazzled By Potential Billion-Dollar Verdict

Foley Hoag LLP
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When last we looked in on the dispute between Oracle and SAP after SAP’s acquisition of TomorrowNow revealed some unfortunate baggage in the form of extensive copyright infringement, Oracle was flush with a $1.3 billion federal jury award, with SAP vowing to reduce the verdict by any means necessary.

United StatesIntellectual Property
Joshua Jarvis
Joshua Jarvis
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When last we looked in on the dispute between Oracle and SAP after SAP's acquisition of TomorrowNow revealed some unfortunate baggage in the form of extensive copyright infringement, Oracle was flush with a $1.3 billion federal jury award, with SAP vowing to reduce the verdict by any means necessary.

After the initial jury award, SAP argued to Judge Phyllis Hamilton that the verdict should be reduced to between $28 million and $408.7 million, or that in the alternative a new trial should be ordered to assess damages based on proper damages calculations, maintaining that it was improper for a copyright infringement award to be grounded in "actual damages" based on potential licenses (and fictional negotiations for same) of the copyrighted works at issue. Oracle, in its own "conditional" motion for a new trial, maintained that the damages verdict was proper and supported by the evidence. Judge Hamilton agreed in September 2011 that the $1.3 billion award

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