Developments late last week in the ongoing TomorrowNow lawsuit between have revealed SAP wants the scope of the case limited to avoid bogging down proceedings.
Although the trial date currently slated for the lawsuit is not until February 2010, discovery proceedings, taking place after initial attempts at mediation earlier this month failed, included the German software maker's accusations about the expanding Oracle charges.
SAP stated: "Oracle has sought to make this case as large and complex as possible by expanding its claims beyond what the law allows."
The comments followed its latest filing, which contends that only Oracle can claim copyright infringement and not other plaintiffs, including its J.D. Edwards European subsidiary, as outlined in Oracle's third amended complaint.
Last July's original suit alleged the now defunct, third-party Oracle support subsidiary owned by SAP had illegally downloading confidential Oracle data. Since then it has expanded its complaint to also accuse SAP executives of sanctioning the illegal access to win more customers from its software rival.
SAP last week said it had brought the motion to assure that the case focuses on the issues that are "legally relevant and truly in dispute".
The motion also stated: "In an attempt to circumvent the Copyright Act's standing requirements and inflate the scope of what is, at bottom, a copyright case, Plaintiffs have asserted a variety of state law claims that are pre-empted by the Copyright Act or dismissed for other reasons."
The German firm has consistently pushed for a swift resolution to the case, after admitting to discovering some "inappropriate downloads" on the part of TomorrowNow employees. But it denies any systematic anti-competitive behaviour on SAP's own part.
Oracle said it had no response to the latest SAP motion and referred to the web pages dedicated to detailing its official documents in the case.
A hearing by the US District court of California judge on the motion is set for 19 November.
-
Cleo attack victim list grows as Hertz confirms customer data stolenNews Hertz has confirmed it suffered a data breach as a result of the Cleo zero-day vulnerability in late 2024, with the car rental giant warning that customer data was stolen.
-
Lateral moves in tech: Why leaders should support employee mobilityIn-depth Encouraging staff to switch roles can have long-term benefits for skills in the tech sector
-
Organizations shift away from Oracle Java as pricing changes biteNews A survey from Azul Systems finds that, along with cost, customers cite a preference for open source and the threat of a Java usage audit
-
Why Java 17 growth is ‘exploding’News Java 17 is now the most popular LTS version, according to application data from New Relic, but what's driving this growth?
-
SuiteWorld 2023: NetSuite's day-two announcementsLive Blog Keep up-to-date with all the day-two announcements from NetSuite SuiteWorld 2023
-
Can Oracle really be Linux's knight in shining armor?Opinion The self-proclaimed champion of open source freedom would like you to forget about its history
-
SAP's $7.7 billion Qualtrics sale branded a “win-win” situationNews The German software company has sold its 71% stake in Qualtrics which will see the company go private once again
-
Oracle’s Java subscription changes spark concerns over cost hikes for smaller businessesNews Smaller businesses could incur significant cost hikes as high as 1,400% with most new customers expected to pay at least double
-
SAP and Qualtrics debut Concur Experience Optimizer for hybrid workplacesNews New solution leverages employee sentiment to redesign travel and expense programs
-
Oracle to launch 14 new cloud regions over the next yearNews The company wants to support the demand for its customers as it looks to open at least two regions in each country it operates
