Oracle gets damages ruling advantage in SAP case

Oracle has the legal wind in its sails in the battle against SAP over the allegations that the German vendor's TommorrowNow division illegally downloaded software. The case has been rumbling on for almost three years and a judgment is expected by November but the latest signs are not looking too go


Oracle has the legal wind in its sails in the battle against SAP over the allegations that the German vendor's TommorrowNow division illegally downloaded software.

The case has been rumbling on for almost three years and a judgment is expected by November but the latest signs are not looking too good for SAP.

In arguments over the size of any potential damages Oracle has argued that it lost out on potential licensing revenue but SAP had argued it would not have entered into those sorts of agreements with its rival.

"[Oracle] seek damages under several theories, one of which is actual damages in the form of a "hypothetical license."," stated the ruling.

"In the present motion, SAP seeks a ruling that Oracle is not entitled to pursue actual damages in the form of a hypothetical license, arguing that the undisputed evidence shows that, but for infringement, the parties never would have entered into a license for the copyrighted material at issue," it added.

However in a ruling filed last week at the US District Court for the Northern District of California came down on the side of Oracle allowing the calculation of damages to reflect the copyright infrigment that the vendor argues cost it revenue.

Judge Phyllis Hamilton said that it was not about what Oracle would have charged for a license but what is the fair market value.

"The court finds that Oracle should be permitted to present evidence regarding the fair market value of the copyrights that SAP allegedly infringed, including expert testimony based on established valuation methodology," the ruling concluded.

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