Home > Uncategorized > Court cuts $1 billion off Oracle’s copyright infringement award against SAP . . . what next . . .

Court cuts $1 billion off Oracle’s copyright infringement award against SAP . . . what next . . .

U.S. District Judge Phyllis Hamilton has cut $1 billion off Oracle’s recent $1.3 billion award against SAP for copyright infringement damages.  The judge stated that Oracle wasn’t entitled to recover “hypothetical license damages” because it didn’t show that “but for infringement, the parties would have agreed to license the use of the copyrighted works at issue.  According to the Judge’s Order, “Rather than providing evidence of SAP’s actual use of the copyrighted works, and objectively verifiable number of customers lost as a result, Oracle presented evidence of the purported value of the intellectual property as a whole, elicited self-serving testimony from its executives regarding the price they claim they would have demanded in an admittedly fictional negotiation, and proffered the speculative opinion of its damages expert, which was based on little more than guesses about the parties’ expectations.”  The Order further states that the award “grossly exceeded the actual harm to Oracle in the form of lost customers, which was quantified by Oracle’s expert at $408.7 million, and alternatively at $272 million, and by SAP’s expert at $28 million.”  More to follow, including possible appeals by both Oracle and SAP, and the possibility that Oracle and SAP will evaluate the strengths and weaknesses of their positions, the likely outcomes, and mediate a settlement of the dispute.

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