Oracle’s request to restore a $1.3 billion verdict has been rejected

A federal appeals court is refusing Oracle’s request to reinstate a $1.3 billion verdict it won against German rival SAP SE in a long-running copyright dispute. The 9th US.Circuit Court of Appeals in San Francisco ruled Friday that the jury’s award was excessive. A trial judge in 2011 reached the same conclusion and slashed the verdict from $1.3 billion to $272 million. The appeals court gave Oracle a choice between an award of $356.7 million or a new trial.

Oracle has failed to persuade a federal appeals court to restore $1.3 billion judgment in its copyright-infringement lawsuit against SAP, but will have the options of taking a lesser amount of money or pursuing a new trial. The jury initially awarded the $1.3 billion to Oracle in 2010, but the judgment was subsequently vacated by U.S. District Court Judge Phyllis Hamilton, who had overseen the case. Hamilton found the jury overreached and said Oracle could accept a lower award of $272 million or seek a new trial. Oracle at first opted for a new trial, but then reached a settlement wherein SAP would pay out $306 million, with Oracle reserving the right to appeal Hamilton’s ruling overturning the $1.3 billion judgment.