SOURCE: Oracle Corporation

Oracle Corporation

August 02, 2012 18:06 ET

Oracle Stipulates to Accept $306 Million Damages From SAP Allowing Oracle to Move to Have Jury Verdict Reinstated

REDWOOD SHORES, CA--(Marketwire - Aug 2, 2012) - Oracle (NASDAQ: ORCL) and SAP today stipulated to SAP paying Oracle a damage award of $306 million in the copyright infringement suit filed by Oracle after it discovered massive downloading and copying of its intellectual property by the German software maker. Oracle's unanimous 2010 jury verdict awarding it $1.3 billion can now be immediately taken to the Ninth Circuit Court of Appeals.

"SAP, which admitted infringement before the 2010 trial and pled guilty to a number of criminal charges brought by the U.S. Department of Justice after trial, must pay us a minimum of $426 million, including attorneys' fees," said Oracle General Counsel Dorian Daley.

"The conduct that led to this lawsuit and jury award is truly unprecedented," said Bingham McCutchen attorney Geoff Howard. "SAP's web scraper alone resulted in more than 10 million copies of Oracle's downloaded software and support materials running on SAP's servers. SAP's executive management team, including former CEO Leo Apotheker and current executives, knew about this massive theft all along and SAP had to concede infringement. Don't underestimate how unusual the conduct underlying this suit was."

Oracle filed suit against SAP in April 2007 when it learned SAP had architected a massive scheme to steal its intellectual property. On the eve of trial in 2010, SAP stipulated to liability for copyright infringement and one month later a jury sitting in Federal Court awarded Oracle $1.3 billion, the largest copyright jury verdict in U.S. history. SAP also paid Oracle $120 million in attorneys' fees only a few days after the trial began. And in September 2011, after Oracle spent four years uncovering and litigating the massive theft, SAP pled guilty in Federal Court to criminal charges for its illegal activity and paid a fine to U.S. Department of Justice.

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