Oracle seeks new trial against SAP over downloads

By Dan Levine

SAN FRANCISCO (Reuters) - Oracle Corp rejected a potential $272 million award against SAP AG over copyright infringement allegations, instead opting for a new trial after a U.S. judge had slashed over $1 billion from a previous verdict.

In a court filing on Monday, Oracle said a new trial would be the only way to "vindicate the verdict of the jury."

SAP spokesman James Dever said SAP will continue to work to bring the case to a "fair and reasonable" end.

"We are disappointed that Oracle has passed up yet another opportunity to resolve this case," Dever said on Monday.

An Oracle spokeswoman could not immediately be reached for comment.

A Northern California jury had determined that Oracle should be paid $1.3 billion over accusations SAP subsidiary TomorrowNow wrongfully downloaded millions of Oracle files. The 2010 trial captivated Silicon Valley and included testimony from such top Oracle executives as billionaire CEO Larry Ellison and President Safra Catz.

However, U.S. District Judge Phyllis Hamilton last year found that Oracle had proven actual damages of only $272 million. Hamilton said Oracle could accept a $272 million award, or opt for a new trial against SAP.

In the filing on Monday, Oracle said it had "no choice" but to seek a new trial. Accepting the $272 million award would risk waiving its right to appeal Hamilton's post trial ruling, Oracle said.

TomorrowNow pleaded guilty to 12 criminal counts in September, and agreed to pay a $20 million fine. Under that deal, U.S. prosecutors agreed they would not charge SAP with any criminal wrongdoing.

The civil case in U.S. District Court, Northern District of California is Oracle USA, Inc., et al. v. SAP AG, et al, 07-1658.

(Reporting By Dan Levine; Editing by Phil Berlowitz and Richard Chang)