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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 should get $40.6 million at most, says SAP expert Reuters - Wednesday, November 17 Send IM Story Print Bill McDermott, co-chief executive officer of SAP AG, speaks during the World Business Forum in New York October 5, 2010. REUTERS/Lucas Jackson OAKLAND, Calif., Nov 16 - SAP AG should have to pay Oracle Corp no more than $40.6 million to resolve their years-long lawsuit over software theft, an SAP damages expert said on Tuesday. Stephen Clarke, SAP's expert, said in court on Tuesday that damages must be the product of a reasonable business calculation, not an emotional reaction to the theft. "There's no anger allowed. There's no punishment allowed," Clarke said. SAP and Oracle, which dominate the global market for software that helps businesses run more efficiently, are battling in court to determine the amount of damages for software theft by SAP. SAP has accepted liability for its TomorrowNow subsidiary having wrongfully downloaded millions of Oracle files. Last week, Oracle CEO Larry Ellison said his company would have charged SAP $4 billion to license the programs that were wrongfully downloaded. Oracle's own expert later pegged damages at $1.6 billion. Oracle's claims include copyright infringement, violations of California and federal computer fraud acts, breach of contract and intentional interference with the company's business interests. Out of 853 customers SAP was able to woo from Oracle, 561 of them never did any business with TomorrowNow, Clarke said. Clarke also acknowledged that SAP has paid his own firm about $14 million in fees. Oracle's damages expert testified last week that he had earned fees of about $4 million. SAP is expected to rest its case after Clarke is finished testifying this week, at which point Oracle may attempt to put on a rebuttal case. The case is Oracle USA Inc et al v. SAP AG et al, U.S. District Court, Northern District of California, No. 4:07-CV-1658. Oracle is represented by the San Francisco office of Bingham McCutchen 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 Facebook swats bug that disabled accounts AFP - 19 minutes ago App-centric iPhone model is overrated: RIM CEO AFP - 1 hour 4 minutes ago US-TECH Summary Reuters - 2 hours 22 minutes ago India, RIM move closer to deal on corporate email: report Reuters - 2 hours 23 minutes ago HP hopes to reassure Street, Dell's margins key Reuters - Wednesday, November 17 News Search Top Stories Swiss pharmaceutical giant Roche to shed 4,800 jobs Bluefin tuna showdown pits economy vs. ecology High-caffeine energy drinks linked to alcohol abuse FDA panel recommends first lupus drug in 50 years EU in talks with IMF as Irish bailout looms More Top Stories » ADVERTISEMENT Most Popular Most Viewed Most Recommended Prince William to marry Kate Middleton next year Pilgrims stone 'devil' as Muslims celebrate Eid US truck dealer triggers buying spree with free AK-47s Oil will run out 100 years before new fuels developed: study 'Baby black hole' offers insight into cosmic enigma More Most Viewed » Alcohol more harmful than heroin, crack cocaine: study Toddler survives seven-floor fall in France EU fines 11 airlines 800 million euros for air cargo cartel 'Naked' airport scanners may be 'dangerous' Be fit, have fewer colds: study More Most Recommended » Elsewhere on Yahoo! Financial news on Yahoo! Finance Stars and latest movies Best travel destinations More on Yahoo! News Home Singapore Asia Pacific World Business Entertainment Sports Technology Weekend Edition Subscribe to our news feeds Top StoriesMy Yahoo!RSS » More news feeds | What are news feeds? Also on Yahoo! Answers Groups Mail Messenger Mobile Travel Finance Movies Sports Games » All Yahoo! Services Site Highlights Singapore Full Coverage Most Popular Entertainment Photos Yahoo! News Network Copyright © 2010 Yahoo! Southeast Asia Pte. Ltd. (Co. Reg. No. 199700735D). All Rights Reserved. Terms of Service | Privacy Policy | Community | Intellectual Property Rights Policy | Help

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