Having no plans to settle, Oracle will file even more claims against SAP.
A judge in U.S. District Court in
ruled that Oracle and
should try to
settle charges of intellectual property theft and copyright infringement
Oracle, however, says it wants no part of any mediation efforts and intends
to file new claims against
The judge's order for mediation, a process known as Alternative Dispute
Resolution, in which the parties in a lawsuit attempt to settle a case without
a trial, came after Oracle and
12 in a pre-trial case management meeting at the courthouse.
Oracle initially filed suit last March claiming corporate intellectual
property theft on a grand scale. Several months later, Oracle amended its
charge to include allegations of code theft, copyright infringement and breach
of contract claims. Oracle is again on the verge of amending its complaint
, according to company
spokesperson Debra Hellinger.
"As set forth in Oracle's current claims, it appears that
infringed Oracle's intellectual property on a daily basis over a course of many
years, in ways that Oracle is only beginning to discover," said Hellinger
in a statement.
"In addition, Oracle has uncovered a broader program of copyright
infringement that is entirely different from the scheme alleged in the current
complaint. Based on this evidence, Oracle will file an amended complaint that
will include these new complaints."
spokesperson said that the company
cannot comment on Oracle's expected actions.
SAP's CEO predicts a strong 2008. Read more here.
It's difficult to imagine what Oracle's new allegations might include if it
entails actions over "many years"-that still involves TomorrowNow
umbrella. As a stand-alone
company, TomorrowNow was founded in 1998 by Andrew Nelson (who resigned in
November). In 2002 the company introduced third-party support for PeopleSoft
By 2004 TomorrowNow supported all of PeopleSoft's current product versions
and had added support for JD Edwards applications, which PeopleSoft had
acquired. Then in 2005, after a tremendously acrimonious takeover battle,
Oracle succeeded in acquiring PeopleSoft. Shortly after, in January 2005,
acquired TomorrowNow as what could only be seen as a defensive or retaliatory
move against the ever-encroaching Oracle.
Larry Ellison warned during a
January 2005 call with press and analysts that
should watch its back-or, more specifically, its IP privileges as a third-party
support provider of Oracle applications.
has every right to provide
support for PeopleSoft applications as long as they don't violate our
intellectual and contractual property rights," Ellison said, in measured
tones. "It might make it awkward for them. That's our intellectual property,
and they should be cautious."