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Jury Rules SAP Owes Oracle $1.3 Billion

As an addition to my growing list at The Patent, Copyright, Trademark, and Trade Secret Horror Files, see the following story from the Wall Street Journal:

Jury Rules SAP Owes Oracle $1.3 Billion

SAP AG must pay $1.3 billion to rival Oracle Corp. for copyright infringement, a federal jury ruled Tuesday, following a high-profile court battle between the business-software makers.

The eight-person jury reached the verdict a day after it adjourned to deliberate. The companies presented closing arguments Monday in U.S. District Court in Oakland, Calif.

Oracle Co-President Safra Catz said “this is the largest amount ever awarded for software piracy.”

SAP said it was disappointed by the decision and would “pursue all available options, including post-trial motions and appeal if necessary.”

If upheld, the verdict would stand among the largest awards for a case involving intellectual property. The largest to date was a $1.67 billion judgment in a 2009 patent case against Abbott Laboratories, according to Lex Machina Inc., a company that operates a database of cases. Abbott has appealed the verdict and a decision is pending.

One attorney specializing in intellectual-property law said the size of the jury award was surprising. “To my recollection that’s the largest copyright verdict ever,” said Colby Springer, a partner at Carr & Ferrell, adding that damages in patent cases tend to be higher than in copyright cases. “The number is just astronomical…They’ll clearly contest that the wrong model was used.”

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