After a federal judge slashed Oracle’s record $1.3 billion copyright infringement verdict against SAP five months ago, Oracle and its lawyers faced the litigation equivalent of being contestants on “Who Wants to Be a Millionaire”: Does Big Red keep the money the company already won or risk it all for bigger bucks?

According to a brief filed Monday by Oracle’s lawyers at Bingham McCutchen and Boies, Schiller & Flexner, the company is opting to bet big. Rather than accepting the judge’s reduced award of $272 million, the lawyers notified Oakland, Calif., Judge Phyllis Hamilton of the U.S. District Court for the Northern District of California that Oracle had “no choice but to elect a new trial.”

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