SAP files against $1.3bn damages in Oracle case

SAP has appealed against the whopping $1.3bn (£808m) damages a jury told it to pay Oracle and asked for a new trial in the long-running intellectual property-theft spat between the two software giants.

In a filing made in the US District Court of Northern California, SAP says the payout awarded on 23 November last year is unfair and should be limited to $408.7m, the amount initially estimated by Oracle's analysts.

Separately, Oracle has said it will "vigorously oppose" any moves to retry the case and – naturally – says the jury's verdict should stand.

The case dates back to March 2007 when Oracle sued SAP, alleging TomorrowNow, an SAP off-shoot, downloaded Oracle software and support materials illegally.

SAP accepted liability and Oracle's expert witness pegged damages at $408.7m. But the jury based its award on the assumption that SAP would have paid the full value of Oracle licences to download the IP legally.

SAP contends that it would never have sought to purchase the software and thus never paid Oracle a penny, let alone this "hypothetical" amount, an argument it claims carries credence in law.

A hearing is scheduled for 13 July.