Litigation

Jury Awards Oracle $1.3 Billion in Copyright Infringement Trial

By Bruce Nye

Brad Brubaker is Senior VP and General Counsel for SAP Business Systems, a large, publicly held business software company.  Robert Mittelstaed at Jones Day is SAP's outside litigation counsel.  How do you think this conversation went?

"Uh, Brad, this is Bob.  Bob Mittelstaed, your lawyer in California.  Remember that copyright case we have against Oracle?  The one that's been in trial over in federal court in Oakland, California?  The one involving your division called 'Tomorrow Now'?  The one where Oracle accused you of stealing software off of its web site?

"Well, Brad, we have a verdict.  No, it's more than that.  Nope, higher than that too.  Right, no, still higher.  Yep.  Yeah.  Uhumm.  Yeah, unanimous.  $1.3 billion.  Yeah Brad, I know.  That's not such a good result.

"No, they won't be trying the punitive damages part.  We already agreed to pay them $120 million to drop that part.  "

Perhaps you won't be surprised to learn that SAP had a public statement.  In fact, it may be a statement you've read before:

"We are, of course, disappointed by this verdict and will pursue all available options, including post-trial motions and appeal if necessary."

I guess so . . . . .

Full post as published by CalBizLit on November 23, 2010 (boomark / email).