Oracle v. SAP Trial Date Set - in 2009

Oracle's lawsuit against SAP accusing SAP of unlawfully downloading thousands of pieces of copyrighted code and documents from Oracle's servers continues to work its way through the legal process. The latest development is that a trial date was set -- for approximately 1-1/2 years from now -- reports CRM Buyer.

The long lead time probably stems from the fact that this is a very complex dispute, with thousands of downloads alleged and both sides wanting to interview a large number of witnesses. The case may not settle until significant discovery has occurred, and both sides have educated themselves as to the strengths and weaknesses of their case. For more, see previous post.

Oracle v. SAP

Not long ago, Oracle sued arch-rival SAP, accusing it of unlawfully downloading 10,000 (!) technical documents, software updates, and other files from Oracle servers, all in an attempt to better compete with Oracle. Read more.

SAP even admits to some of the allegations, and Oracle has also alleged that the downloading continued for a week after the lawsuit was filed. The parties filed documents two days ago that suggest that SAP desperately wants a settlement.

No surprise there. If the allegations are true, SAP's conduct is astonishing in its recklessness. I've represented Oracle customers, and can tell you that Oracle is extremely aggressive in protecting their IP. Theoretically, statutory damages in this case could amount to $1.5 billion. I predict Oracle will not make it easy for SAP to settle.