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Oracle v SAP has to take June retrial or wait till next year

Judge: Take last two weeks of June ... or August 2013

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A US court has told Oracle and SAP that they can have their retrial in the last two weeks of June or wait until next year.

Oracle is seeking the retrial in the case, which found that SAP subsidiary TomorrowNow had illegally downloaded Oracle software and support data, because an appeal granted reduced damages.

Oracle was originally supposed to get the biggest ever payout in a copyright infringement case, after a jury awarded the firm $1.3bn. But a subsequent appeal by SAP reduced the sum to $272m, which Oracle refused to accept.

"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," the company said in its filing for a retrial.

US District Judge Phyllis Hamilton said on Thursday that the only available time to hold the retrial this year was for two weeks starting on 18 June.

The only other options for SAP and Oracle are to hang around hoping that a slot opens up in a time where another case is currently scheduled or, if they want a firm date, to wait until 19 August next year.

The firms have to decide what they want to do by 24 February. ®

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