According to a court filing made public on Friday, US District Judge Phyllis Hamilton has ordered that trial in the high-profile SAP-Oracle case will begin on schedule, on November 1; thus denying the SAP and Oracle their respective requests for a gag order and a three-day postponement of trial.
Via the copyright infringement lawsuit, bigwig commercial software maker Oracle has accused rival SAP's TomorrowNow subsidiary of illegally downloading programs from an Oracle customer service website; and subsequently using that software for providing low-cost maintenance services on Oracle's software.
Though Judge Hamilton has ordered the trial to begin on schedule, she has also agreed to narrow the focus of the trial; largely due to SAP's last-minute concession that it "materially contributed" to repetitive exploitation of Oracle's copyrighted software by TomorrowNow.
However, while the German software company had argued that its concession essentially does away with the requirement of testimony about its role in the violations, the judge still said that Oracle's attorneys can introduce evidence on that subject if it provides context or pertains to the issue about the amount that SAP should pay Oracle in damages.
Oracle is seeking over $2 billion in damages for copyright infringement and other violations; while SAP has said that it believes the amount to be paid in damages should be in the "tens of millions."












