Ellison, Phillips, McDermott to Testify in Oracle-SAP Retrial

The trial on damages is tentatively set for next month
By Chris Kanaracus
News May 25th 2012

During the upcoming retrial of Oracle's corporate-theft lawsuit against SAP, the companies plan to call a star-studded array of tech executives as witnesses including CEO Larry Ellison, former Oracle co-president and current Infor CEO Charles Phillips and SAP co-CEO Bill McDermott, according to court documents filed Thursday.

SAP has already admitted liability for illegal downloads of Oracle software and support materials that were conducted by its former subsidiary, TomorrowNow. A jury in the first trial awarded Oracle US$1.3 billion in November 2010 but a judge set that aside. Oracle declined to accept a lower award, opting instead for a new trial.

A June 18 start date has been set for the retrial, but that timeline will come up for debate at a hearing scheduled for Thursday in U.S. District Court for the Northern District of California. Oracle and SAP will also argue about the scope of potential damages in the retrial, according to an SAP spokesman.