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Oracle Wants At Least $777 Million from SAP in Retrial

It says it’s got new evidence and an updated analysis supporting those numbers

Oracle wants at least $776.7 million in damages from SAP when the pair returns to court July 18 to retry Oracle's copyright infringement case against its German rival and SAP's now defunct third-party maintenance subsidiary TomorrowNow.

A jury last year awarded Oracle a record $1.3 billion. The judge thought the award was way too fabulous and knocked it down 80% to a mere $272 million, saying it wasn't supported by the evidence. Oracle refused to take the money, which is how it got a new trial.

It wants that $1.3 billion back and told the judge it has a right to pursue what it claims are actual damages based on the "fair market value of the rights infringed." It's asked to be allowed to present evidence of what a hypothetical license would have been worth had it been willing to give TomorrowNow a license to the massive amount of IP it illegally downloaded off of Oracle's servers. Oracle used that trick the last time through and it paid off.

If that theory is denied, Oracle said it will claim damages of $776.7 million, a figure it derives from adding an estimated $656 million in SAP profits to a claim of $120.7 million in lost profits of its own.

It says it's got new evidence and an updated analysis supporting those numbers.

SAP, which admitted TomorrowNow's guilt, figures the damage is more like $28 million.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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