Oracle Corporation et al v. SAP AG et al
TRIAL BRIEF by Oracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Exhibit A)(Howard, Geoffrey) (Filed on 8/5/2010)
Oracle Corporation et al v. SAP AG et al
Doc. 748 Att. 1
For Immediate Release Aug. 5, 2010
SAP Acts to Focus TomorrowNow Lawsuit
Decisive Move Intended to Focus the Case and Reach Resolution WALLDORF, Germany and NEWTOWN SQUARE, Pa. -- Aug. 5, 2010 -- As the scheduled trial approaches, SAP AG (NYSE: SAP) today announced another step in its continuing efforts to resolve the TomorrowNow lawsuit. In pre-trial filings made today to the Court, SAP proposed that it would not contest the liability of TomorrowNow for copyright infringement and downloading conduct alleged in Oracle's complaint. SAP further stated that it will accept financial responsibility for any judgment awarded against TomorrowNow, despite the fact that SAP was not involved in TomorrowNow's service operations and did not engage in any of the copying or downloading alleged in Oracle's complaint. Importantly, SAP said it will continue to present arguments and evidence demonstrating that Oracle's damages claims in this matter are vastly overstated. "By accepting responsibility for TomorrowNow's actions, SAP is taking a decisive move to focus the issues in the case. We acknowledged three years ago that TomorrowNow made mistakes, and we took direct action to address Oracle's concerns, including shutting down the company nearly two years ago," said Werner Brandt, CFO, SAP. "SAP is committed to compensating Oracle for the harm the limited operations of TomorrowNow actually caused. Oracle's unreasonable damages claims are an unproductive distraction as we work to find a fair resolution in this case." The trial is currently scheduled to begin on November 1, 2010. It is scheduled for six weeks. For more information on the case, please visit http://www.tnlawsuit.com. About SAP SAP is the world's leading provider of business software(*), offering applications and services that enable companies of all sizes and in more than 25 industries to become best-run businesses. With more than 102,500 customers in over 120 countries, the company is listed on several exchanges, including the Frankfurt stock exchange and NYSE, under the symbol "SAP." For more information, visit www.sap.com.
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SAP Acts to Focus TomorrowNow Lawsuit
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AUGUST 5, 2010
By BEN WORT H E N
SAP AG said in a legal filing that it would accept responsibility for copyright infringement by a discontinued business and pay restitution to archrival Oracle Corp. However, SAP said that it still planned to present evidence showing that Oracle's claim that it likely suffered more than $1 billion in damages is overstated. SAP said in its filing that damages likely measure in the "tens of millions" of dollars. The two software makers have been battling in court since 2007, when Oracle alleged in a lawsuit that TomorrowNow, a company that offered updates and support for some Oracle products, routinely and illegally accessed Oracle's intellectual property. The suit was filed in U.S. District Court in Oakland, Calif. TomorrowNow was founded in the wake of Oracle's hostile acquisition of software-maker PeopleSoft, and was intended to be an alternative for PeopleSoft customers who didn't want to do business with Oracle. SAP acquired TomorrowNow for $10 million in 2005 as part of a larger effort to win Oracle customers. Oracle alleged that TomorrowNow illegally downloaded its support documents and that SAP executives were aware of this when it made the acquisition. Oracle had also alleged that SAP allowed the downloads to continue. SAP had previously admitted to some mistakes on the part of TomorrowNow. It closed the business in 2008. "SAP is committed to compensating Oracle for the harm the limited operations of TomorrowNow actually caused," Werner Brandt, SAP's chief financial officer said in a statement. An Oracle spokeswoman declined to comment. A trial is set to begin in November. Write to Ben Worthen at firstname.lastname@example.org
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