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Oracle claims $777m in new trial over SAP infringement

TomorrowNow business balls-up haunts SAP

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Oracle is going back to court with a claim of $776.7m against SAP over the software-stealing antics of subsidiary TomorrowNow.

Larry Ellison's crew got an award of $1.3bn in 2010 after TomorrowNow admitted filching Oracle's intellectual property and taking it to SAP when the German software house bought the company out. Co-CEO Bill McDermott was forced to make a humbling apology to Oracle on stand and now the two companies are fighting over the damages.

TomorrowNow pleaded guilty to the code copying charges and paid a paltry $20m for its crimes, but the battle over the amount of damages oracle wants has been going through the courts for two years now, and will probably not be sorted by the end of the year.

SAP's initial $1.3bn charge was potentially increased by $211m after Oracle demanded interest payments as well, but the award was deemed too high by the appeals judge and reduced to $272m. Oracle said that wasn't good enough and appealed, initially for the full $1.3bn but it has since reduced its offer.

“We think Oracle’s damage estimate is overstated,” Jim Dever, a spokesman for SAP, told Bloomberg. ®

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