Oracle and competitor SAP went to trial over copyright infringement admitted by a now-closed TomorrowNow that SAP acquired. SAP acknowledged liability of their acquired company, and apologized for the infringement. In September 2011, a jury awarded Oracle $1.3 billion, but the U.S. District Court judge reduced the award, offering Oracle the opportunity to either accept the reduced amount, or have a new damages trial. Oracle has now requested the new damages trial.
By all accounts, Oracle’s $1.3 billion verdict was the largest ever awarded for copyright infringement. Our article entitled “Practical Observations from The Oracle vs. SAP Damages Reversal” explained why the reversal made sense, and the reasons why the larger damage amount being sought by Oracle will be a challenge to support.