Oracle can’t appeal the judge’s decision to cut the $1.3 billion jury award in its suit against SAP to a mere $272 million unless it rejects the $272 million, the judge told Oracle last Friday. Oracle is trying to avoid the other option the judge gave it, which is a new trial. If Oracle rejects the $272 million, there would be a new trial and then it could appeal the judge’s decision. The judge contends Oracle only proved actual damages of $272 million when SAP’s now defunct TomorrowNow third-party maintenance subsidiary illegally downloaded reams of Oracle software. Reuters, which reported the decision, said the order did not indicate if Oracle could accept the $272 million and then appeal, but an IP lawyer the wire service talked to said probably not. If SAP appealed to the size of the judge’s award Oracle might be able to try for the $1.3 billion.
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