Oracle to Expand SAP Lawsuit, May Target Execs

By James Niccolai

PAGE 2

Oracle is seeking damages to be proven at trial, an injunction for SAP to return any Oracle software, and legal costs.

SAP reluctantly agreed with Oracle to push the jury trial date back by a year to February 2010, the new documents show. Oracle said it needs the time to complete discovery. SAP wants to retain the date for a settlement conference this October, but Oracle asked the court to delay that by a year also.

SAP's lawyers repeatedly expressed frustration at Oracle for what they view as delaying the case by demanding "limitless discovery." They asked the court to make Oracle explain soon how SAP's conduct has damaged the company.

"Oracle recites essentially every element of every one of its claims as a factual dispute, ignoring that its repetitive claims all boil down to the same basic issues -- what was allegedly copied; was that copying permissible; how was Oracle harmed? Those are the factual issues in dispute," SAP said.

"Oracle does not want to be focused, nor does it apparently want to effectively or timely resolve this case," it said.

Oracle said the case involves an "extraordinary" amount of discovery, including terabytes of computer records that take weeks just to copy, forensic scientists, and "potentially hundreds of third parties." It also asked to extend the length of the trial from four weeks to six.


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