Oracle has decided to seek a new trial against German-based SAP following a US judge’s ruling last year that Oracle should receive no more than $272m in damages from SAP or go in a new trial.
Oracle had sought $1.3bn in damages after it accused SAP subsidiary TomorrowNow for illegally downloading millions of Oracle files in 2005.
But in an Oakland court filing, Oracle said a new trial would be the only way to vindicate the verdict of the jury and Oracle’s intellectual property rights as a copyright owner, according to reports of certain news wires.
Though SAP had admitted in court that its subsidiary had been guilty of copying large amounts of software code, it did not agree with Oracle’s large damages claim.
SAP in a statement said it was disappointed that Oracle has passed up yet another opportunity to resolve this case.
"We will continue to work to bring this case to a fair and reasonable end," said the German company.
