Thursday, February 14, 2008

Court orders mediation in Oracle vs. SAP/TomorrowNow case

Judge Martin Jenkins on Tuesday ordered SAP and Oracle to attempt mediation to resolve their dispute over Oracle's claims that TomorrowNow engaged in theft of Oracle's intellectual property.

The court record also indicates that Oracle anticipates filing an amended complaint against SAP. As reported last month, Oracle claims to have found a broader pattern of copyright infringement than it originally alleged.

I doubt whether this dispute can be resolved by mediation, unless SAP is willing to concede quite a bit to Oracle. SAP is on the ropes in this case, having already classified TomorrowNow as a discontinued operation and indicating its intent to sell the unit. In the meantime, no buyers have appeared.

With TomorrowNow going nowhere, and Oracle enjoying the PR value playing the victim, what incentive does Oracle have to agree to a settlement?

However, as I wrote previously, it will be very interesting if, through this case, more information regarding the profitability of Oracle's maintenance business become public record.

Related posts
Oracle wants to broaden lawsuit against SAP and TomorrowNow
SAP lists TomorrowNow as a discontinued operation
TomorrowNow and the future of third-party support providers
SAP considering sale of TomorrowNow
SAP admits wrongdoing in Oracle lawsuit
Oracle now charges SAP with copyright violation
Latest on the Oracle/SAP lawsuit
Oracle/SAP lawsuit: view from Rimini Street
SAP subject to criminal charges?
Oracle sues SAP and its TomorrowNow unit

No comments: