Oracle Corporation et al v. SAP AG et al

Filing 748

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

SAP STATEMENT

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.
### (*) SAP defines business software as comprising enterprise resource planning, business intelligence, and related applications. Any statements contained in this document that are not historical facts are forward-looking statements as defined in the U.S. Private Securities Litigation Reform Act of 1995. Words such as "anticipate," "believe," "estimate," "expect," "forecast," "intend," "may," "plan," "project," "predict," "should" and "will" and similar expressions as they relate to SAP are intended to identify such forward-looking statements. SAP undertakes no obligation to publicly update or revise any forward-looking statements. All forward-looking statements are subject to various risks and uncertainties that could cause actual results to differ materially from expectations. The factors that could affect SAP's future financial results are discussed more fully in SAP's filings with the U.S. Securities and Exchange Commission ("SEC"), including SAP's most recent Annual Report on Form 20-F filed with the SEC. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of their dates.

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SAP STATEMENT

Page 1

SAP Acts to Focus TomorrowNow Lawsuit

Copyright © 2010 SAP AG. All rights reserved. SAP, R/3, mySAP, mySAP.com, xApps, xApp, SAP NetWeaver and other SAP products and services mentioned herein as well as their respective logos are trademarks or registered trademarks of SAP AG in Germany and in several other countries all over the world. All other product and service names mentioned are the trademarks of their respective companies. Data contained in this document serve informational purposes only. National product specifications may vary.

Note to editors: To preview and download broadcast-standard stock footage and press photos digitally, please visit www.sap.com/photos. On this platform, you can find high resolution material for your media channels. To view video stories on diverse topics, visit www.sap-tv.com. From this site, you can embed videos into your own Web pages, share video via e-mail links and subscribe to RSS feeds from SAP TV. Follow SAP on Twitter at @sapnews. For customers interested in learning more about SAP products: Global Customer Center: [phone] United States Only: 1 (800) 872-1SAP (1-800-872-1727) For more information, press only: Christoph Liedtke, [phone], [e-mail], CET Andy Kendzie, [phone], [e-mail], EDT Saswato Das, + 1 [phone], [e-mail], EDT SAP Press Office, [phone], CET; [phone], EDT; [e-mail]

For more information, financial community only: Stefan Gruber, [phone], [e-mail], CET Martin Cohen, [phone], [e-mail], EDT

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TECHNOLOGY

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 [e-mail]

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