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Yahoo! My Yahoo! Mail More Yahoo! Services Account Options New User? Sign Up Sign In Help Yahoo! Search web search Home Singapore Asia Pacific World Business Entertainment Sports Technology Weekend Edition Oracle case winds down without HP CEO Reuters - 1 hour 59 minutes ago Send IM Story Print Oracle CEO Larry Ellison enters U.S. District Court in Oakland, California November 8, 2010. REUTERS/Robert Galbraith OAKLAND - Oracle Corp plans to rest its high profile copyright case against SAP AG early next week without the testimony of Hewlett Packard Co CEO Leo Apotheker, attorneys for the company said on Friday. However, Oracle attorney David Boies said they still may play Apotheker's videotaped deposition during their rebuttal case on the last day of trial -- if they are unable to serve him with a subpoena. SAP and Oracle, which together dominate the global market for software that helps businesses run more efficiently, are slugging it out in court to determine the amount of damages for software theft by SAP. SAP has accepted liability for its TomorrowNow subsidiary having wrongfully downloaded thousands of Oracle files, but argues it owes tens of millions -- not billions -- of dollars in compensation. Apotheker's credibility -- and his ability to effectively lead HP, the world's largest technology company by revenue -- may come under attack if he testifies. Oracle has said that Apotheker has evaded its attempts to subpoena him since he began his job as CEO of HP on November 1, and even hired professional investigators to try to track him down. In recent weeks Oracle CEO Larry Ellison has stated he has evidence Apotheker was complicit in SAP's improper downloading of Oracle's software. On Friday, Boies again called Apotheker "a very important witness." Other SAP officials testified that Apotheker was a member of the company's executive board and fully supported the TomorrowNow acquisition, Boies said. "We think it is very important that Mr. Apotheker testify now, as a live witness in court, to explain his and SAP's conduct," Boies said. An SAP spokesman called the Apotheker issue a "sideshow" that had little to do with the damages at issue in the case. Testimony continued on Friday in U.S. District Court in Oakland, California. Kevin Mandia, CEO of computer forensics firm Mandiant, testified that downloads of materials by TomorrowNow increased after January 2005, when SAP purchased the company. Mandia, an expert witness for Oracle, said that TomorrowNow built an automated computer program to better facilitate downloads after it was acquired by SAP. "It was made by TomorrowNow to get Oracle support materials faster," Mandia told the jury of eight men and women. On cross examination by SAP, Mandia acknowledged that at least some of the Oracle software found on TomorrowNow's systems could have come from licensed sources. Oracle attorneys also played a short video clip of former SAP CEO Henning Kagermann's deposition. Through a German translator, Kagermann acknowledged that some of TomorrowNow's downloads were "inappropriate." However, Kagermann could not recall when he learned copies of Oracle files were on TomorrowNow's systems. SAP is expected to begin presenting its case on Monday. The case in U.S. District Court, Northern District of California is Oracle USA, Inc., et al. v. SAP AG, et al, 07-1658. Oracle is represented by the San Francisco office of Bingham McCutchen; the Menlo Park, California, office of Davis Polk & Wardwell; and the Armonk, New York, and Oakland, California, offices of Boies, Schiller & Flexner. SAP is represented by the San Francisco, New York, Palo Alto and Houston offices of Jones Day. Recommend Send IM Story Print Related Articles US-TECH Summary Reuters - Saturday, November 13 Oracle case winds down without HP CEO Reuters - 1 hour 59 minutes ago Google and Facebook rivalry takes centerstage Reuters - Saturday, November 13 Cisco hires former Apple executive Papermaster Reuters - Saturday, November 13 Facebook to revamp messaging service: source Reuters - Saturday, November 13 News Search Top Stories Zsa Zsa Gabor rushed to hospital for blood clot Britain launches fresh drive on tax havens After Fed boost, global woes hit Wall Street 'Naked' airport scanners may be 'dangerous' Obama mounts strong defence of US economic policy More Top Stories » ADVERTISEMENT Most Popular Most Viewed Most Recommended EU fines 11 airlines 800 million euros for air cargo cartel DNA test raises doubts over Texas man's execution Boeing blames Dreamliner fire on faulty power panel Asian Games open with China set to dominate EU heavyweights move to calm bond markets More Most Viewed » Alcohol more harmful than heroin, crack cocaine: study Toddler survives seven-floor fall in France Spectacular unknown species found in Amazon EU fines 11 airlines 800 million euros for air cargo cartel Be fit, have fewer colds: study More Most Recommended » Elsewhere on Yahoo! 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