John Paczkowski

Recent Posts by John Paczkowski

Oracle to SAP: How's This for Grossly Excessive–We Want Another Half-Billion in Damages

The $1.3 billion jury award given Oracle in its intellectual property infringement case against SAP is not only “grossly excessive,” it’s a “miscarriage of justice” that “shocks the conscience.”

So says SAP in a new motion seeking to sharply reduce that award, which it says is in conflict with copyright law and founded on sheer speculation.

“The jury’s $1.3 billion ‘hypothetical license’ fee award was an unreasonable amount that went far beyond what was needed to make Oracle whole,” SAP argued in its motion. “The enormous fee did not–indeed, could not–represent Oracle’s actual damages because Oracle never lost a license fee from Defendants or anyone else. The Copyright Act does not permit such awards that are un-tethered to a plaintiff’s actual harm, and the hypothetical license claim should not have gone to the jury.”

And so SAP is asking the court to drop the award to no more than $408.7 million or order a new trial.

Oracle, of course, believes the verdict should stand and opposes SAP’s motion. But if its rival should be granted a new trial, Oracle wants to seek an additional half a billion dollars in damages that it feels it lost when the court unfairly excluded its up-sell and cross-sell projections.

“In the event the Court were to order a new trial, however, Oracle respectfully submits that this Court would be required to review all errors at trial, including those errors that prejudiced Oracle and resulted in a reduction of the damages to which it was entitled,” the company argues. “While Oracle believes the jury’s verdict fairly reflects the evidence properly admitted, it also notes that the verdict fell toward the bottom of the range of reasonable license amounts Oracle presented, and that the Court’s rulings on certain issues shifted that range significantly downward. … [It] cut half a billion dollars from the damages opinion that Oracle’s damages expert would have offered and that fact witnesses would have supported with additional testimony and documentary evidence.”

In other words, SAP’s motion is bogus, it doesn’t deserve a new trial, and if it’s granted one Oracle wants the chance at a $1.8 billion award. Oracle’s motion in full below.

1046_Conditional New Trial Motion


Twitter’s Tanking

December 30, 2013 at 6:49 am PT

2013 Was a Good Year for Chromebooks

December 29, 2013 at 2:12 pm PT

BlackBerry Pulls Latest Twitter for BB10 Update

December 29, 2013 at 5:58 am PT

Apple CEO Tim Cook Made $4.25 Million This Year

December 28, 2013 at 12:05 pm PT

Latest Video

View all videos »

Search »

I think the NSA has a job to do and we need the NSA. But as (physicist) Robert Oppenheimer said, “When you see something that is technically sweet, you go ahead and do it and argue about what to do about it only after you’ve had your technical success. That is the way it was with the atomic bomb.”

— Phil Zimmerman, PGP inventor and Silent Circle co-founder, in an interview with Om Malik