Will not force to pay SAP Oracle of $1.3 billion any more

On Thursday the federal court of the USA cancelled the decision on payment of SAP of $1.3 billion for benefit of Oracle, having characterized such amount of compensation as "excessively big". Possibly, thus the soil for a next round of judicial opposition between two technology companies prepares.

This solution became unexpected turn in a four-year lawsuit of software gignat. If the Oracle corporation officially rejects again appointed compensation in $272 million, new judicial proceedings are necessary, and she already let know that she and will make. Though the decision made on Thursday became a victory for SAP AG, not the fact at all that it brought failure of Oracle as it had an opportunity once again to remind of errors which brought SAP into court.

If the second process resembles last year's, it is worth expecting even more frank expressions from the CEO of Oracle Larry Ellison. During the previous listenings it nailed to a pillory of SAP for theft of the software and documents of a support service on the websites of Oracle password-protected. SAP recognized that the subsidiary company, TomorrowNow, really made these actions.

Oracle claims that the stolen data helped SAP to take away clients, offering similar services in lower prices. SAP considers that income from the attracted TomorrowNow thus of clients is not so big, and it is only $40 million necessary to pay for those enterprises which SAP managed to be enticed.

As a result after the three-week meeting in November of last year the court pronounced a sentence about compensation for benefit of Oracle of more than 30-fold amount of this amount. It was one of the largest verdicts, connected with theft of the software. It showed severity of jury members and their readiness to punish corporations for theft of intellectual property from competitors.

Though the amount also was less, than required Oracle, nevertheless it appeared much more than that that was provided by the budget of SAP. The company selected $ dollars 160 million for payment of expected losses and already spent $120 million for lawyers. Compensation made more than a half of the general profit of SAP for last year.

The decision made on Thursday by the judge Phyllis Hamilton in district court the cities of Auckland, USA, State of California is a large victory of SAP. According to representatives of the company, the penalty size "does not correspond to weight of charges, and is excessively big".

Now Oracle should be selected: accept compensation in $272 million or initiate new proceedings with participation of other jury. The digit of $272 million was received on the basis of a preliminary estimate of experts of Oracle about that how many the company and what profit was got by SAP lost.

Anyway, Oracle already repeatedly celebrated the victory in media. This trial provided to Ellison the bases for sneers at other opponent who was the CEO of SAP Leo Apotheker who is the CEO of Hewlett-Packard now. Oracle even more often battles against HP in the market of servers, entering tension to long-term technology partnership.

SAP stated that it is very glad to the decision made on Thursday. "We were convinced that the verdict of the jury is wrong, and with satisfaction we note considerable decrease in the extent of damage", says the company. - We hope that judicial actions will help to lead this case to the final decision of a question".

Oracle in turn stated that it will fight for the amount of a full recovery which was announced earlier.

Meanwhile stocks of Oracle lost $0.23 (0.8%), having closed on Thursday on a mark of $27.84. Stocks of SAP fell to $0.75 (1.4%), to value in $53.76.