The fight between Oracle and SAP, which involves copyright and software already runs on Justice for seven years, can be resumed.
A Court of appeals from the United States indicated last week that it may order a new trial for breach of patent dispute.
The judges appear to believe that Oracle can earn more than the $ 300 million awarded by a Court of first instance, according to Reuters.
In November 2010, SAP was ordered to pay $ 1.3 billion to Oracle by allegations that a subsidiary of SAP, TomorrowNow, improperly downloaded millions of files of the rival.
The suit was filed by Oracle in 2007 because the company found that executives at TomorrowNow-now extinct-used their registers of vendors to illegally access the databases of the company.
The TomorrowNow was acquired by SAP in August 2010, a little before the start of the dispute, which caused the company to take responsibility for industrial espionage and violation of patents.
According to the Silicon Valley News, in last week's trial, the judges heard about 40 minutes of arguments the two companies because Oracle has filed an appeal to the decision of 2010 were maintained.
SAP admitted before the trial that the subsidiary had violated patents from Oracle, but the judge Phyllis Hamilton understood that the payment of $ 1.3 billion would be excessive, since used as the basis of what you'd have to pay SAP to Oracle to license the software.
When Oracle stated that never would have licensed the software to its main rival, she considered that the company had no right to damage " " license for this hypothetical. Phyllis decided that Oracle had proved actual damages of just $ 272 million.
Oracle and SAP came to close a deal in which the German multinational pledged to pay $ 306 million in damages, plus $ 120 million legal costs to avoid a retrial.
But then, Oracle joined with feature so that the verdict which forced SAP to pay $ 1.3 billion were maintained or that a new trial was held, based on Oracle's licensing theory.
After hearing the arguments, the judges William Fletcher, Susan Graber and Richard Paez raised the possibility of holding a new trial.
Graber, in particular, according to the Silicon Valley News, seemed bothered by the overvaluation of the license from Oracle, whose lawyer was keen to prove to be well founded with estimates of experts during the trial.
The trial included testimony from Oracle's CEO, Larry Ellison, who told the jury that software theft was $ 4 billion. The Co-CEO of SAP, Bill McDermott, said the technology was worth about $ 40 million.
Source: http://www.reuters.com/article/2014/05/ ... OA20140513