Menu
Oracle, SAP settle long-standing TomorrowNow lawsuit

Oracle, SAP settle long-standing TomorrowNow lawsuit

SAP will pay Oracle about US$359 million in damages and interest to settle the case

SAP and Oracle have settled a long-standing copyright-infringement lawsuit, with the German company agreeing to pay about US$359 million in damages and interest to Oracle instead of the $1.3 billion awarded in 2010.

Oracle was sued by SAP in 2007 on allegations that its now-defunct subsidiary, TomorrowNow, had illegally downloaded Oracle's software while providing software support services to Oracle customers.

SAP eventually accepted liability for the wrongdoing by TomorrowNow, which led to a trial on damages that resulted in the $1.3 billion award. That decision by a jury in 2010 was overruled by U.S. District Judge Phyllis Hamilton who found that the jury had overreached, and gave Oracle the choice of accepting a smaller award of $272 million or seeking a new trial. An appeals court revised the damages figure to $356.7 million.

"We are thrilled about this landmark recovery and extremely gratified that our efforts to protect innovation and our shareholder's interests are duly rewarded," said Dorian Daley, Oracle's general counsel in an emailed statement. "This sends a strong message to those who would prefer to cheat than compete fairly and legally."

Under the settlement proposed to the court, Oracle will receive $356.7 million in damages and $2.5 million in post-judgment interest, according to a filing Thursday in the U.S. District Court for the Northern District of California, Oakland division. Oracle also gets to keep the $120 million already paid to it by SAP towards lawyers' fees and other costs incurred to prosecute the case.

SAP said it was pleased about the settlement by which Oracle accepted the $356.7 million damages award rather than seek a new trial or appeal. "We are also pleased that, overall, the Courts hearing this case ultimately accepted SAP's arguments to limit Oracle's excessive damages claims and that Oracle has finally chosen to end this matter."

Follow Us

Join the New Zealand Reseller News newsletter!

Error: Please check your email address.

Tags intellectual propertycopyrightSAPlegalsoftwareOracle

Featured

Slideshows

Examining the changing job scene in the Kiwi channel

Examining the changing job scene in the Kiwi channel

Typically, the New Year brings new opportunities for personnel within the Kiwi channel. 2017 started no differently, with a host of appointments, departures and reshuffles across vendor, distributor and reseller businesses. As a result, the job scene across New Zealand has changed - here’s a run down of who is working where in the year ahead…

Examining the changing job scene in the Kiwi channel
​What are the top 10 tech trends for New Zealand in 2017?

​What are the top 10 tech trends for New Zealand in 2017?

Digital Transformation (DX) has been a critical topic for business over the last few years and IDC is now predicting a step change as DX reaches macroeconomic levels. By 2020 a DX economy will emerge and it will become the core of what New Zealand industries focus on. From the board level through to the C-Suite, Kiwi organisations must be prepared to think and act digital when the DX economy emerges in 2017.

​What are the top 10 tech trends for New Zealand in 2017?
Top 15 Kiwi tech storylines to follow in 2017

Top 15 Kiwi tech storylines to follow in 2017

​The New Year brings the usual new round of humdrum technology predictions, glaringly general, unashamedly safe and perpetually predictable. But while the industry no longer sees value in “cloud is now the norm” type projections, value can be found in following developments of the year previous, analysing behaviours and patterns to formulate a plan for the 12 months ahead. Consequently, here’s the top Kiwi tech storylines to follow in 2017...

Top 15 Kiwi tech storylines to follow in 2017
Show Comments