By Dan Levine
SAN FRANCISCO, Feb 28 (Reuters) - Oracle Corp and SAP AG are scheduled to kick off a retrial on June 18, 2012, over copyright infringement allegations against a SAP unit, a U.S. judge ordered on Tuesday.
A Northern California jury determined in 2010 that Oracle should be paid $1.3 billion over accusations SAP subsidiary TomorrowNow wrongfully downloaded millions of Oracle files.
However, U.S. District Judge Phyllis Hamilton found last year that Oracle had proven actual damages of only $272 million. Hamilton said Oracle could accept a $272 million award, or opt for a new trial against SAP.
Oracle chose a retrial earlier this month, although it had argued its executives and lawyers could not accommodate the June 2012 date. SAP welcomed the schedule.
An Oracle spokeswoman declined to comment on Tuesday.
SAP spokesman James Dever said: “We’re pleased with the decision and the move toward resolving this in a prompt manner.”
If one of Oracle’s attorneys is busy in a separate trial scheduled for June in New York, Hamilton said she would cancel the June 18 date.
However, Hamilton said there is a fair chance the Oracle/SAP trial schedule will stay on track, “given that the vast majority of trials scheduled in the federal district courts do not actually occur.”
The case in U.S. District Court, Northern District of California is Oracle USA, Inc., et al. v. SAP AG, et al, 07-1658.