Werner Brandt, SAP: Liability in (Oracle) TomorrowNow Lawsuit Accepted

August 6, 2010

As the scheduled trial approaches, SAP took another step in its continuing efforts to resolve the TomorrowNow lawsuit. In pre-trial filings made today to the Court, SAP proposed that it would not contest the liability of TomorrowNow for copyright infringement and downloading conduct alleged in Oracle’s complaint. SAP further stated that it will accept financial responsibility for any judgment awarded against TomorrowNow, despite the fact that SAP was not involved in TomorrowNow’s service operations and did not engage in any of the copying or downloading alleged in Oracle’s complaint.

Importantly, SAP said it will continue to present arguments and evidence demonstrating that Oracle’s damages claims in this matter are vastly overstated.

“By accepting responsibility for TomorrowNow’s actions, SAP is taking a decisive move to focus the issues in the case. We acknowledged three years ago that TomorrowNow made mistakes, and we took direct action to address Oracle’s concerns, including shutting down the company nearly two years ago,” said Werner Brandt, CFO, SAP. “SAP is committed to compensating Oracle for the harm the limited operations of TomorrowNow actually caused. Oracle’s unreasonable damages claims are an unproductive distraction as we work to find a fair resolution in this case.”

The trial is currently scheduled to begin on November 1, 2010. It is scheduled for six weeks. For more information on the case, please visit http://www.tnlawsuit.com.