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No Resolution in TomorrowNow Lawsuit

9th October, 13:00pm

SAP and Oracle have again failed to reach a settlement in the TomorrowNow lawsuit. The most recent meeting, held in private in a San Francisco court, sought to bring to a close the long running lawsuit brought by Oracle against SAP within which Oracle accuses employees of SAP’s TomorrowNow subsidiary of ‘unlawful behaviour’, illegally downloading sensitive technical information, including Oracle patches, and using them against Oracle to win over their enterprise applications customers.

For many the news that a settlement has not been reached comes as no surprise with Oracle, in July of this year, expanding its complaint against SAP by further alleging that TomorrowNow had implemented a ‘systematic programme’ of illegal activity to obtain the sensitive technical information.

They allege that key SAP executives knew of TomorrowNow’s activities when they acquired the company in February 2005 with a sole intention of tempting customers away from Oracle following Oracle’s acquisitions of Peoplesoft, JD Edwards and Siebel.

"Oracle initially brought this lawsuit after discovering that SAP had engaged in systematic illegal access to, and taking from, Oracle's computerised customer support systems," the company said in its filing.

"Oracle now amends its claims because discovery in this case has revealed that the focus of its original claims, SAP's massive illegal downloading of software and support materials from Oracle's password-protected computer systems, is just one element of a larger scheme by SAP to steal and misuse Oracle's intellectual property."

In a joint discovery statement filed on Friday it was detailed that Oracle had recently taken depositions in the case from both SAP CEO Henning Kagermann and co-CEO Leo Apotheker. Other SAP executives are still to be questioned including former president Shai Agassi.

SAP has already admitted that employees of TomorrowNow made "inappropriate downloads" from Oracle's web site but has vigorously denied the nature, scale and pattern of illegal activity alleged by Oracle.

TomorrowNow offers low-price software support for enterprise application users such as those acquired by Oracle: PeopleSoft, JD Edwards and Siebel. Following the filing of the lawsuit by Oracle and having failed in their attempts to find a willing buyer, SAP announced that it is to close its TomorrowNow subsidiary by the end of October 2008.

The court will now follow up proceedings in a conference call with both Oracle and SAP on 20 October 2008.

Oracle have posted documents from the case on their web site

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